January 27, 2005 Formal Meeting

MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:

JANUARY 27, 2005

Chairperson Stutsman 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 Rod Sullivan.

Unless otherwise noted, all actions were taken unanimously.

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

Motion by Sullivan, second by Neuzil, to approve the minutes of the formal meeting of January 20, 2005.

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

Convened Public Hearing on FY 2005 budget amendments at 9:02 a.m.

Budget Coordinator Jeff Horne presented the amendments to the FY 2005 budget.

County Auditor Tom Slockett explained the budget amendment needed for the Elections Division of the Auditor’s Office. More staff was needed because of three principle factors: a sharp increase in voter activity, both at the polls and absentee; substantial local drives to register voters and solicit absentee ballot request forms; and three significant changes in elections law that arose from the passage of HAVA 2002, Iowa Senate File 2269 and new administrative rules. There was also a need for extra supplies, documentation, and correspondence because of Iowa and Federal law changes that required the reprinting of forms and mailing of materials and more of them due to the high voter activity.

No one from the public was present to speak regarding the FY 2005 budget amendments.

Public Hearing closed at 9:40 a.m.

RESOLUTION 01-27-05-B1

AMENDING THE FISCAL YEAR 2005 JOHNSON COUNTY BUDGET

Whereas, the Board of Supervisors has held a public hearing pursuant to Chapter 331, Code of Iowa, to amend the fiscal year 2004-2005 County Budget; and

Whereas, the explanation of changes is as follows:

Expenditures increased for:

· Administration service area for payroll clerk partial year ($20,844)

· Government Services to Residents for additional election costs ($143,480)

· Administration service area for workers compensation insurance ($80,000)

· Environment and Education service area for conservationist COLA ($900)

· Public Safety service area for EMS Grant training fees ($9,364)

· Capital Projects service area for document imaging ($27,444)

· Capital Projects service area for remainder of GEMS system payout ($164,805)

· Capital Projects service area for GIS aerial photos and software ($202,750)

· Public safety service area for additional juvenile crime prevention grant funds ($139,085)

· Administration service area for courthouse furnishings ($6,000)

· Government Services to Residents service area for development of statewide Recorder software system ($40,000)

Revenues increased for:

· State-shared revenues for Juvenile Crime Prevention ($139,085)

· State-shared revenues for EMS Grant adjustment ($10,000)

· Intergovernmental revenue for Elections ($1,654)

Whereas, after consideration of all comments at said hearing the Board of Supervisors has determined that it will be necessary to amend the 2004-2005 budget; and

Whereas, the amendment does not increase taxes to be collected in the fiscal year ending June 30, 2005.

Therefore be it resolved that the following expenditures of the fiscal year 2004-2005 county budget be amended:

EXPENDITURES (by Service Area):

Public Safety service area by $148,449 to $12,247,547

County Environment & Education service area by $900 to $2,324,839

Administration service area by $106,844 to $5,343,971

Government Services to residents service area by $183,480 to $1,956,860

Capital Projects service area by $394,999 to $4,022,990

REVENUES (by type):

Intergovernmental revenues increase by $150,739 to $15,181,658

Motion by Neuzil, second by Sullivan, to approve Resolution 01-27-05-B1.

RESOLUTION 01-27-05-B2

CHANGING DEPARTMENTAL APPROPRIATIONS

Whereas, the Board of Supervisors has held a public hearing pursuant to section 331.434(3), Code of Iowa, to amend the fiscal year 2004-2005 County Budget; and

Whereas, the explanation of changes is contained in Resolution 01-27-05-B1; and

Whereas, the amendment does not increase the taxes to be collected in the fiscal year ending June 30, 2005; and

Whereas, all comments from the public have been heard.

Therefore be it resolved that the following department appropriations be changed as follows:

DEPARTMENT EXPENDITURES (Service Area):

Dept. 03-Auditor (Administration) increases $20,844 for ytd appropriation $901,475;

Dept. 22-Insurance (Administration) increases $80,000 for ytd appropriation $795,740;

Dept. 23-Rural Block Grants (Education & Environment) increases $900 for ytd appropriation $526,701;

Dept. 31-EMS Grant (Public Safety) increases $9,364 for ytd appropriation $19,599;

Dept. 33-Elections (Government Services to Residents) increases $143,480 for ytd appropriation $621,419;

Dept. 40 Technology (Capital Projects) increases $394,999 for ytd appropriation $1,671,728;

Dept. 54 Juvenile Crime Prevention Program (Public Safety) increases $139,085 for ytd appropriation $379,581;

Dept. 61 Courthouse Centennial Fund (Administration) increases $6,000 for ytd appropriation $7,500;

Dept. 90 Recorder E-Commerce Fund (Government Services to Residents) increases $40,000 for ytd appropriation $40,000

DEPARTMENT REVENUES (Type):

Dept. 31 EMS Grant (State Shared) increases $10,000 for budgeted total of $20,235;

Dept. 33 Elections (Intergovernmental) increases $1,654 for budgeted total of $18,519;

Dept. 54 Juvenile Crime Prevention Program (State Shared) increases $139,085 for budgeted total of $179,580.

Motion by Harney, second by Lehman, to approve Resolution 01-27-05-B2.

RESOLUTION 01-27-05-01

RESOLUTION SETTING FORTH PROPOSED PLAN TO DISPOSE OF INTERESTS IN REAL PROPERTY CONSISTING OF A FEE INTEREST IN A TRACT TO BE USED AS ROAD RIGHT-OF-WAY AND A TEMPORARY EASEMENT OVER PORTIONS OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN JOHNSON COUNTY, IOWA

Whereas, Johnson County is the owner of real property located in the South Half of the Southeast Quarter of Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian, in Johnson County, Iowa; and

Whereas, this triangular piece of property is located at the northwest quadrant of the intersection of Deer Creek and Camp Cardinal Roads, is 3.1 acres in size and is currently undeveloped; and

Whereas, Section 331.361(2) of the 2003 Code of Iowa requires the County, in disposing of an interest in real property, to set forth its proposal in a resolution, to publish notice of the time and place of a public hearing on the proposal and, after the public hearing, to make a final determination on the proposal; and

Whereas, the Johnson County Board of Supervisors’ proposal to dispose of two interests in the real property referenced is as follows:

Proposed Plan to Dispose of Interests in Real Property Consisting of a Fee Interest in a Tract to be Used as Road Right-of-Way and a Temporary Easement Over Portions of the South Half of the Southeast Quarter of Section 12, Township 79 North, Range 7 West Of The 5th Principal Meridian, in Johnson County, Iowa

Johnson County is the owner of real property located in the South Half of the Southeast Quarter of Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian, in Johnson County, Iowa. This is a triangular piece of property located at the northwest quadrant of the intersection of Deer Creek and Camp Cardinal Roads and is 3.1 acres in size. It is currently undeveloped.

In order to facilitate the improvement of what is currently Deer Creek Road, running along the southwest side of the property, the Johnson County Board of Supervisors has determined to dispose of two interests in the property. The plan is to donate to the City of Iowa City a fee interest in a .07 acre tract at the northwest corner of the property to be used as road right-of-way and a temporary easement in a .26 acre tract running generally along the southwest side of the property, both as described on the attached Acquisition Plat.

The legal description of the tracts is as follows:

Fee Tract

A PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA AND DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST

1/4; THENCE SOUTH 89°07'12" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 661.20 FEET TO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS IS 1100.00 FEET, WHOSE ARC LENGTH IS 99.70 FEET AND WHOSE CHORD BEARS SOUTH 36°00'56" EAST, 99.67 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY EASEMENT LINE AS RECORDED IN BOOK 602 PAGE 76-78; THENCE NORTH 56°25'09" WEST ALONG SAID NORTHEASTERLY RIGHT-OF-WAY EASEMENT LINE, 144.05 FEET TO A POINT ON SAID NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE NORTH 89°07'12" EAST ALONG SAID NORTH LINE, 61.41 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.06 ACRES (2,428 S.F.).

PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.

Temporary Easement Tract

A PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA AND DESCRIBED AS

FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE SOUTH 89°07'12" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 624.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 27°15'40" EAST, 89.04 FEET; THENCE SOUTH 56°25'09" EAST, 521.17 FEET; THENCE NORTH 33°34'51" EAST, 10.00 FEET; THENCE SOUTH 56°25'09" EAST, 35.47 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF OLD CAMP CARDINAL ROAD; THENCE SOUTH 9°19'53" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, 24.58 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY EASEMENT LINE AS RECORDED IN BOOK 602 PAGE 76-78; THENCE NORTH 56°25'09" WEST ALONG SAID NORTHEASTERLY RIGHT-OF-WAY EASEMENT LINE, 581.75 FEET; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS IS 1100.00 FEET, WHOSE ARC LENGTH IS 99.70 FEET AND WHOSE CHORD BEARS NORTH 36°00'56" WEST, 99.67 FEET TO A POINT ON SAID NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE NORTH 89°07'12" EAST ALONG SAID NORTH LINE, 37.20 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.23 ACRES (9,872 S.F.).

For further details contact: Andy Chappell, Assistant County Attorney, 319.339.6100.

Therefore, Be It Resolved by the Johnson County Board of Supervisors that it hereby sets forth its proposal to dispose of interests in real property consisting of a fee interest in a tract to be used as road right-of-way and a temporary easement over portions of the south half of the southeast quarter of section 12, township 79 north, range 7 west of the 5th principal meridian, in Johnson County, Iowa and as specifically described in the proposal.

Motion by Neuzil, second by Sullivan, to approve Resolution 01-27-05-01.

RESOLUTION 01-27-05-02

RESOLUTION SETTING PUBLIC HEARING ON PROPOSED PLAN TO DISPOSE OF INTERESTS IN REAL PROPERTY CONSISTING OF A FEE INTEREST IN A TRACT TO BE USED AS ROAD RIGHT-OF-WAY AND A TEMPORARY EASEMENT OVER PORTIONS OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN JOHNSON COUNTY, IOWA

Whereas, this triangular piece of property is located at the northwest quadrant of the intersection of Deer Creek and Camp Cardinal Roads, is 3.1 acres in size and is currently undeveloped; and

Whereas, the Johnson County Board of Supervisors has set forth by resolution a proposal to dispose of two interests in portions of this real property by donating to the City of Iowa City a fee interest in a .07 acre tract at the northwest corner of the property to be used as road right-of-way and a temporary easement in a .26 acre tract running generally along the southwest side of the property; and

Whereas, these conveyances are necessary to facilitate the improvement of what is currently Deer Creek Road, running along the southwest side of the property; and

Whereas, these conveyances to the City of Iowa City, as set forth above and in the proposal set forth, will be the best method to dispose of the identified portions of the property.

Therefore, Be It Resolved by the Johnson County Board of Supervisors that the plans for disposing of this interest in real property are set out in the Proposed Plan to Dispose of Interests in Real Property Consisting of a Fee Interest in a Tract to be Used as Road Right-of-Way and a Temporary Easement Over Portions of the South Half of the Southeast Quarter of Section 12, Township 79 North, Range 7 West Of The 5th Principal Meridian, in Johnson County, Iowa are available at the Johnson County Auditor’s Office at 913 S. Dubuque Street; and

Be It Further Resolved that the Board of Supervisors proposes to dispose of the interests in real property by donating to the City of Iowa City a fee interest in a .07 acre tract at the northwest corner of the property to be used as road right-of-way and a temporary easement in a .26 acre tract running generally along the southwest side of the property; and

Be It Further Resolved that these conveyances are necessary to facilitate the improvement of what is currently Deer Creek Road, running along the southwest side of the property; and

Be It Further Resolved that in accordance with Section 331.361(2) of the 2003 Code of Iowa, a public hearing on said proposed plan to dispose of the interest in property is set for February 10, 2005, at 5:30 P.M., in the Boardroom of the Johnson County Board of Supervisors, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa. The Johnson County Auditor is directed to publish notice of the hearing no less than four (4) and no more than twenty (20) days prior to the same.

Motion by Lehman, second by Harney, to approve Resolution 01-27-05-02.

Motion by Sullivan, second by Harney, to appoint Carol Thompson to the Johnson County Juvenile Justice Youth Development Program as a representative for parents and citizens for an unexpired term.

Adjourned to informal meeting at 9:56 a.m.

/s/ Sally Stutsman, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Kadlec, Recording Secretary

These minutes were sent for publication and formal approval on February 4, 2005.