Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:00 a.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 Harney, second by Stutsman, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.

Motion by Lehman, second by Thompson, to approve the minutes of the formal meetings of January 15, 2004 and January 20, 2004.

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

Convened Public Hearing on a proposed Grade, Drain and Pave Project on Sand Road (W66) in Section 2, T78N, R6W, and Sections 22, 26, 27, 34, and 35, T79N, R6W, Project Number STP-S-C052(67)--5E-52 at 9:02 a.m.

Assistant County Engineer Al Miller presented the proposed Grade, Drain and Pave Project on Sand Road. No one from the public was present to speak.

Public Hearing closed at 9:07 a.m.

Whereas, Johnson County determines that for the general welfare of Johnson County and in the best interests of its citizens that Johnson County proceed with a Grade, Pave and Drain Project on Sand Road (W66) in Section 2, Township 78 N, Range 6 W, and Sections 22, 26, 27, 34, and 35, Township 79 N, Range 6 W, Project Number STP-S-C052(67)--5E-52

Whereas, Johnson County determines that if this project is to be approved and constructed it will be necessary to obtain right of way from private property to do so, all as shown by the preliminary plans prepared by the office of the Johnson County Engineer and on file with the Johnson County Auditor’s Office.

Whereas, Johnson County did send and publish Notice of a Public Hearing to consider a proposed public improvement project to construct this Bridge Replacement, Approach Grading and Paving Project as required by Iowa Code §6B.2A entitled Notice of Proposed Public Improvement.

Whereas, Johnson County did after notice and publication, as required by law, hold said public hearing concerning said project on January 29, 2004, and

Whereas, Johnson County, at said public hearing, considered whether to proceed or not to proceed to approve the final route or site of the project, to fund the final site specific design, and to acquire private property for the public improvement either by negotiation and purchase, or condemnation, if necessary, and

Whereas, at said public hearing, the Johnson County Board of Supervisors did acknowledge and consider all public input, both oral and written.

Therefore, Be It Resolved that Johnson County does hereby approve the route or site location for this project.

Be It Further Resolved that Johnson County does hereby approve, and further agrees, to fund the final site specific design for this project.

Be It Further Resolved that Johnson County, through its representatives, shall make a good faith effort to acquire said property through negotiated purchase.

Be It Further Resolved that if the property cannot be acquired through negotiated purchase that the Johnson County Board of Supervisors hereby authorizes the acquisition of the property by condemnation procedures.

Motion by Harney, second by Stutsman, to approve Resolution 01-29-04-01.

Convened Public Hearing on a proposed Grading and Pavement Rehabilitation Project on Wapsi Avenue (X14) in Sections 15, 16, 21, 22, 27 and 28, T77N, R5W, Project Number STP-S-C052(54)--5E-52 at 9:08 a.m.

Miller presented the proposed Grading and Pavement Rehabilitation Project on Wapsi Avenue.

Terry Dahms asked if the improvements to Sand Road and Wapsi Avenue will have paved shoulders. Miller said the Sand Road will have paved shoulders and the Wapsi Avenue shoulders will be granular. Miller said the Wapsi Avenue shoulders will be suitable for hikers and bikers. Lehman said that the granular shoulders could be affected by weather. Miller said that eventually there will be paved shoulders from Iowa City to Hills and Lone Tree, but probably not south of Lone Tree. Stutsman asked if there are a lot of people that bike south of Lone Tree. Dahms said he is not sure but they find that paved shoulders attract a lot of use and are very important. He said they are trying to get connectivity to the Hoover Nature Trail.

Don Werbach asked questions regarding his property. Miller said he doesn’t anticipate damages to the Werbach property as a result of the project.

Public Hearing closed at 9:19 a.m.

Whereas, Johnson County determines that for the general welfare of Johnson County and in the best interests of its citizens that Johnson County proceed with a Grade, Pave and Drain Project on Wapsi Avenue (X14) in Sections 15, 16, 21, 22, 27 an 28, Township 77 N, Range 5 W Project Number STP-S-C052(54)--5E-52.

Whereas, Johnson County determines that if this project is to be approved and constructed it will be necessary to obtain right of way from private property to do so, all as shown by the preliminary plans prepared by the office of the Johnson County Engineer and on file with the Johnson County Auditor’s Office.

Whereas, Johnson County did send and publish Notice of a Public Hearing to consider a proposed public improvement project to construct this Bridge Replacement, Approach Grading and Paving Project as required by Iowa Code §6B.2A entitled Notice of Proposed Public Improvement.

Whereas, Johnson County did after notice and publication, as required by law, hold said public hearing concerning said project on January 29, 2004, and

Whereas, Johnson County, at said public hearing, considered whether to proceed or not to proceed to approve the final route or site of the project, to fund the final site specific design, and to acquire private property for the public improvement either by negotiation and purchase, or condemnation, if necessary, and

Whereas, at said public hearing, the Johnson County Board of Supervisors did acknowledge and consider all public input, both oral and written.

Therefore, Be It Resolved that Johnson County does hereby approve the route or site location for this project.

Be It Further Resolved that Johnson County does hereby approve, and further agrees, to fund the final site specific design for this project.

Be It Further Resolved that Johnson County, through its representatives, shall make a good faith effort to acquire said property through negotiated purchase.

Be It Further Resolved that if the property cannot be acquired through negotiated purchase that the Johnson County Board of Supervisors hereby authorizes the acquisition of the property by condemnation procedures.

Motion by Stutsman, second by Harney, to approve Resolution 01-29-04-02.

Motion by Stutsman, second by Thompson, to approve and authorize the Chairperson to sign the contract with Incode-CMS for real estate and tax collection software.

Be It Resolved by the Johnson County Board of Supervisors in session held on January 29 2004, as follows:

That a public hearing be set for the following application requesting approval of a Conditional Use Permit for a Home Business:

1. Application CU04001 of William E. & Joan Frees, Solon, IA., requesting a Conditional Use Permit to operate a sandblasting, welding, repair, and fabrication business as a "Home Business" on property described as being in the SE 1/4 of the NW 1/4 & the SW 1/4 of the NE 1/4 of Section 13, Township 80 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. (This parcel is located at 2672 Newport Road NE, on the south side of Newport Road NE, approximately 1,000 feet east of its intersection with Sugar Bottom Road NE in Newport Twp.).

Now, Therefore, Be It Resolved

1. That a public hearing be held on the 19th day of February, 2004 at 9:00 a.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the above applications.

2. That the Johnson County Auditor be authorized to publish the official notice of the above public hearing.

Motion by Stutsman, second by Harney, to approve Resolution 01-29-04-Z1.

Motion by Stutsman, second by Thompson, to receive the Final Report of the Johnson County Court Security Committee and place it on file.

Motion by Stutsman, second by Thompson, to approve and authorize the Chairperson to sign the Johnson County Courthouse Security Plan dated November 24, 2003.

Motion by Stutsman, second by Lehman, to approve and authorize the Chairperson to sign a 28E Agreement with the City of Solon for maintenance of shared roadways.

Whereas, the Johnson County Sheriff has recommended that the fee charged for housing certain prisoners in the county jail be modified to reflect more nearly the actual cost for the care and housing of such prisoners, and

Now Therefore Be It Resolved, that the charge for all prisoners committed to and housed in the Johnson County Jail by all agencies and units of government outside of Johnson county shall be set at the rate of $60.00 per day, with the exception of those prisoners of other sheriff’s departments in the United States who are housed overnight while in transit, and

Be It Further Resolved, that the other agencies of government shall also assume all responsibility for any extraordinary expenses such as medical treatment, medication, dental care and physical damage to the jail building or its furnishings caused by the prisoner, and

Be It Further Resolved, that the charge assessed to prisoners who are participating in the county work release program or electronic monitoring be set at a rate of $14.00 per person per day for the actual number of days spent working or on electronic monitoring outside the confines of the county jail, and

Be It Further Resolved, that the effective date of this resolution shall be January 29, 2004.

Motion by Lehman, second by Thompson, to approve Resolution 01-29-04-03.

Adjourned to informal meeting at 9:45 a.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 February 5, 2004.