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

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

JANUARY 29, 2009

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, Larry Meyers, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.

Unless otherwise noted, all actions were taken unanimously.

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

Motion by Stutsman, second by Meyers, to approve the minutes of the formal meeting of January 22, 2009.

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

Motion by Sullivan, second by Stutsman, to accept and place on file the Treasurer’s Semi-annual Settlement of the Board of Supervisors for the period beginning July 1, 2008 and ending December 31, 2008, as submitted by County Treasurer Tom Kriz.

Motion by Meyers, second by Stutsman, to accept the Recorder’s Report of Fees Collected for the month of December, 2008, in the amount of $167,495.62 as submitted by County Recorder Kim Painter.

Motion by Stutsman, second by Sullivan, to amend the minutes of the January 8, 2009 formal meeting of the Johnson County Board of Supervisors, correcting a scrivener's error by replacing Resolution 01-08-09-01, a Resolution Adopting Proposed Plan to Dispose of County-Owned Real Property Consisting of a Tract of Unused Road Right-of-Way South of the Intersection of Prairie du Chien Road and Old Prairie du Chien Road in Johnson County, Iowa with the following resolution:

RESOLUTION 01-08-09-01

RESOLUTION SETTING FORTH PROPOSED PLAN TO DISPOSE OF COUNTY-OWNED REAL PROPERTY CONSISTING OF A TRACT OF UNUSED ROAD RIGHT-OF-WAY SOUTH OF THE INTERSECTION OF PRAIRIE DU CHIEN ROAD AND OLD PRAIRIE DU CHIEN ROAD IN JOHNSON COUNTY, IOWA

Whereas, Johnson County is the owner of real property located immediately South of the intersection of Prairie du Chien Road and Old Prairie du Chien Road in Section 34, Township 80 North, Range 6 West of the 5th Principal Meridian, in Johnson County, Iowa; and

Whereas, this property is generally an undeveloped triangular tract consisting of 2.29 acres of unused right-of-way condemned by Johnson County in 1999 in conjunction with a realignment of Prairie du Chien Road; and

Whereas, Section 331.361(2) of the 2007 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 the County’s interest in the real property referenced is as follows:

Proposed Plan to Dispose of County-Owned Real Property Consisting of a Tract of Unused Road Right-of-Way South of the Intersection of Prairie du Chien Road and Old Prairie du Chien Road in Johnson County, Iowa

Johnson County is the owner of real property located immediately South of the intersection of Prairie du Chien Road and Old Prairie du Chien Road in Section 34, Township 80 North, Range 6 West of the 5th Principal Meridian, in Johnson County, Iowa. This is generally a triangular tract consisting of 2.29 acres of unused right-of-way condemned by Johnson County in 1999 in conjunction with a realignment of Prairie du Chien Road. It is currently undeveloped.

Johnson County has received an offer to purchase its fee interest in this tract for $62,000.00. The fair market value of this tract, as determined by an independent appraiser, is $62,000.00. After determining the 2.29 acres were not necessary for current or future right-of-way needs or for any other county-related purpose, Johnson County complied with Iowa Code Section 306.23, providing the appropriate notices of intent to sell the unused right-of-way and giving those receiving notice the opportunity to make an offer to purchase the tract. No offer complying with Section 306.23, or otherwise, was received from those receiving notice.

Accordingly, the Johnson County Board of Supervisors has determined to dispose of the property. The plan is to sell Johnson County’s fee interest in the 2.29 acre tract to the highest bidder at a public auction, setting the minimum bid for the tract at $62,000.00, the amount of the offer previously made to Johnson County for the tract. The County would reserve the right to reject all bids if none meets the minimum bid and would require payment in full, possibly at the conclusion of the auction.

The legal description of the tract the County plans to dispose of is as follows:

Beginning at the east one-quarter corner of Section 34, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa: Thence north 88º28’36” W, along the south line of the Northeast one-quarter of said Section 34, a distance of 786.31 feet; thence N 35º41’00” E, 92.70 feet; thence northeasterly 126.98 feet along an arc of an 838.94 foot radius curve, concave southeasterly, whose 126.86 foot chord bears N 56º45’49” E; thence N 61º06’00” E, 255.42 feet; thence northeasterly 161.38 feet along an arc of a 688.94 foot radius curve, concave northwesterly, whose 161.01 foot chord bears N 54º23’22” E; thence N 48º17’37” E, 137.34 feet; thence northeasterly 138.22 feet along an arc of a 703.94 foot radius curve, concave northwesterly, whose 138.00 foot chord bears N 30º48’14” E; thence N 26º21’22” E, 165.04 feet to a point on the westerly right-of-way line of old Prairie du Chien Road NE; thence S 89º50’49” E, 26.85 feet, to a point on the east line of the northeast one-quarter of said Section 34; thence S 00º09’11” W, along said east line, 740.64 feet, to the point of beginning, except those parts thereof which are included in Prairie du Chien Road (3.04 acres) and Old Prairie du Chien Road (.47 acres).

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 county-owned real property consisting of a tract of unused road right-of-way south of the intersection of Prairie du Chien Road and Old Prairie du Chien Road in Johnson County, Iowa, and as specifically described in the proposal.

Motion by Stutsman, second by Sullivan, to approve Resolution 01-08-09-01.

Motion by Meyers, second by Sullivan, to amend the minutes of the January 15, 2009 formal meeting of the Johnson County Board of Supervisors, correcting the scrivener’s error in the legal description of Ordinance 01-15-09-Z2 by replacing the paragraph “SE 1/4 of the SW 1/4 of Section 14, Township 79 N, Range 7 W of the 5th PM, Johnson County, Iowa” with “SW 1/4 of the SW 1/4 of Section 14, Township 79 N, Range 7 W of the 5th PM, Johnson County, Iowa”

RESOLUTION 01-29-09-01

LOCAL MATCH RESOLUTION FOR THE HAZARD MITIGATION GRANT PROGRAM

Whereas, Johnson County (hereinafter called "the Subgrantee"), County of Johnson, has made application through the Iowa Homeland Security and Emergency Management Division (HSEMD) to the Federal Emergency Management Agency (FEMA) for funding from the Hazard Mitigation Grant Program, in the amount of $185,945.00 for the total project cost,

and

Whereas, the Subgrantee recognizes the fact that this grant is based on a cost share basis with the federal share not exceeding 75%, the state share not exceeding 10% and the local share being a minimum of 15% of the total project cost. The minimum 15% local share can be either cash or inkind match.

and

Therefore the Subgrantee agrees to provide and make available $27,982.00 (Twenty seven thousand eight hundred ninety two dollars) of local monies to be used to meet the minimum 15% match requirement for this mitigation grant application.

RESOLUTION 01-29-09-02

LOCAL MATCH RESOLUTION FOR THE HAZARD MITIGATION GRANT PROGRAM

and

Therefore, the Subgrantee agrees to provide and make available $77,043.00 (Seventy seven thousand forty three dollars) of local monies to be used to meet the minimum 15% match requirement for this mitigation grant application.

RESOLUTION 01-29-09-03

LOCAL MATCH RESOLUTION FOR THE HAZARD MITIGATION GRANT PROGRAM

and

Therefore, the Subgrantee agrees to provide and make available $210,652.00 (Two hundred ten thousand six hundred fifty two dollars) of local monies to be used to meet the minimum 15% match requirement for this mitigation grant application.

Motion by Harney, second by Sullivan, to approve Resolutions 01-29-09-01, 01-29-09-02, and 01-29-09-03.

Motion by Sullivan, second by Stutsman, to approve and authorize the Chairperson to sign the collective bargaining tentative agreement with the Public Professional and Maintenance Employees (PPME) unit of the Secondary Roads Department.

Motion by Stutsman, second by Harney, to approve and authorize the Chairperson to sign the collective bargaining tentative agreement with the Public Professional and Maintenance Employees (PPME) unit of the Administrative Unit.

Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign the collective bargaining tentative agreement with the Public Professional and Maintenance Employees (PPME) International Union of Painters and Allied Trades (IUPAT) Local 2003 for the Sheriff’s Department.

RESOLUTION 01-29-09-04

CONSTRUCTION EVALUATION RESOLUTION

Whereas, Iowa Code section 459.304(3) sets out the procedure if a 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 structure; 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 February 1, 2009 and January 31, 2010 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 created in Iowa Code section 459.305, 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 by the Board of Supervisors of Johnson County that the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 459.304(3).

Motion by Harney, second by Stutsman, to approve Resolution 01-29-09-04.

Recessed to informal meeting at 9:16 a.m.; reconvened at 10:18 a.m.

Motion by Sullivan, second by Stutsman, to enter into Executive Session at 10:18 a.m. to discuss the Step 3 Bruce Reynolds grievance under section 21.5(1.i), Code of Iowa, “to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.” Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.

Recessed at 10:18 a.m.; reconvened at 10:30 a.m. with Stutsman absent.

Motion by Harney, second by Sullivan, to leave Executive Session at 10:31 a.m. Roll call: aye: Harney, Neuzil, Sullivan, Meyers; absent: Stutsman.

Adjourned at 10:31 a.m.

/s/ Terrence Neuzil, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Nancy Tomkovicz, Recording Secretary

These minutes were sent for publication and formal approval on February 5, 2009.

Sent to the Board of Supervisors on January 29, 2009 at 11:50 a.m.