MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
MARCH 19, 2009
TABLE OF CONTENTS
Page
Farmers National Company Farm Manager and Real Estate Sales Agent John Yeomans: Lease Agreement 1
Board of Supervisors: Dooley, et al. v. Johnson County Board of Supervisors............................. 2
Reports and Inquiries from the Board of Supervisors................................................................. 3
Board of Supervisors: Pending Litigation (Possible Executive Session Pursuant to Iowa Code Section 21.5(1)(C) to Discuss Strategy with Counsel in Matters that are Presently in Litigation or Where Litigation is Imminent Where its Disclosure Would be Likely to Prejudice or Disadvantage the Position of the Governmental Body in that Litigation). 3
Vice Chairperson Meyers called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:43 a.m. Members present were: Pat Harney, Larry Meyers, Sally Stutsman, and Rod Sullivan. Members absent were: Terrance Neuzil.
Farmer’s National Farm Manager and Real Estate Sales Agent John Yeomans said Farm Operator Clint Rohret has been the operator for the last two years. He said they have had annual leases with Rohret for the last two years. He said in crop year 2007 they took a program to add more cropland back into the farm. Yeomans said that ended up being close to 30 acres when that program was finally completed. He said that program has been in place for two crops seasons. Rohret spent his own money to prepare that for cropping in 2007. Yeomans said last year they started the Communications Buildings. He said that project will take out close to six acres. The County farm now is about 140 acres of tillable ground, as determined by the Farm Service Agency (FSA) office. Yeomans said when the waterways and the non-tillable area within the crop land are taken out it may only be 130 acres. He and Rohret established a total reign on the farm for the 2009 crop year at $29,000. Yeomans said Rohret is then able to crop anything within the 140 acres on the farm plus or minus what the FSA says is farm crop land. He said Rohret does do custom baling of hay. He said Rohret has gone out to pave and bale all the driveways surrounding the farm for the past couple of years. Yeomans said some of the residents from the facilities walk around the farms, like a park.
Meyers asked what the farm breaks down to per acre. Yeomans said it is going to be $206 per FSA crop land acre. He said it is a good rent for the farm, as the farm has some drainage issues. Yeomans said the drainage issues were prevalent last year. Rohret’s corn crop failed and he collected crop insurance. He then turned that land around and planted soybeans. He said he did not insure the soybean crop, it was a bonus. Yeomans said when you plant soybean crops late towards the end of June, crop yields usually are not good. He said since Iowa had a cool, wet year the yield was okay. Meyers said hopefully this year Iowa will not have the moisture problems that caused the drainage situations in 2008.
R. Sullivan asked Yeomans what is the overall corn suitability rating. Yeomans responded he would have to pull the maps out. He said there are some given soils, about fifty acres can be classified as non-high-erodable, meaning it is flat. Yeomans said those given soils will be given an 85 Corn Suitability Ratings (CSR). The big problem is the location for the Communications Building is occupying good CSR ground. R. Sullivan asked if overall the CSR rating will decrease. Yeomans said partly, the overall average of the CSR for the farm will go down. He said he looked at the soil maps on the farm, and it will average out more in the 60s. Yeomans said after fall 2009 aerial data is available he can do a soil map with the Communications Building taken out.
Meyers asked if Rohret will be able to work around the construction situation. Yeomans said he doesn’t know yet but they will find out. Yeomans said Rohret could probably go around down to the driveway to the apartments or come back around. R. Sullivan said if Rohret is running into problems with access, the Board can talk with the folks doing the construction. Yeomans said that is a good point, and he will talk to Rohret about getting out there sometime soon to address any access issues. He said they may not want to be running down the asphalt driveway with heavy farm machinery. There is an old fence line, and if they could knock it out, it would allow access to the east part of the farm.
Meyers said they will move it forward for approval of signature.. Harney said a $2,600 increase in revenue to the County is surprising with the land going out for the Communications Center and the ground converted for the crop land. Yeomans said they are still doing okay. He said the 2008 crop year was at $30,000 which was a $1,000 decrease but there was also a loss of acres. Meyers said the 2007 rent was higher per acre but the total was less because there was less acres. Yeomans said there are still a few more projects Rohret needs to finish up from 2007. He said he will rebid for the 2010 crop year among people. Yeomans said rents have dropped a little from 2008 because of commodity prices and higher input prices. He said operators have been trying to roll back rents like they have been trying to roll back everything. He said he has stayed the line with his rents the best he could.
County Attorney Andy Chappell said he learned of the procedendo issued in this case. Chappell said means procedendo means the appellant court says it is over, and sends everything back to the District Clerk as a formality. Chappell said his last knowledge of the case was the District Court’s opinion had been affirmed by the Court of Appeals, and the plaintiffs had requested further review by the Supreme Court. He said that is finished. Now the Supreme Court has declined to give any further review to the case, which means the case is over. Chappell said what he indicated at the time was that if the Board wants to discuss the case it can be put on the agenda otherwise, he doesn’t feel there is anything specific he needs to address. Meyers said it has been reported in at least two newspapers in the last few days, the public knows this has been settled. Chappell corrected him, it has ended, not settled. Stutsman said it is good to put this item on the agenda. She said the Board spent a lot of time discussing this, and the County Attorney’s Office has spent a lot of time on it, and there needs to be a record of how it ended. Chappell added it gives closure for the community.
Sullivan said the Board had a meeting on March 18, 2009, with the Linn County Board of Supervisors regarding juvenile detention beds. Sullivan said at ISAC one of the counties mentioned that it is wise to adopt the weight limits on bridges by resolution. He worked with Chappell, County Engineer Greg Parker, and Deputy Auditor Casie Kadlec and he would like discussion about resolutions at the next Key Issues agenda.
Harney had an Advisory Development Board of Directors meeting March 13, 2009. Harney said they are having their 14th annual Corridor Career Fair Saturday, April 25, 2009 at the Gould Recreation Center on the Cedar Rapids Kirkwood campus. Harney said he had a liaison with Planning and Zoning Administrator Rick Dvorak. Harney said he spent most of March 16, 2009 at the Veteran's District meeting in Riverside, Iowa. He said training for VA Service Workers will be done at the VA in Des Moines on October 19, 2009.
Stutsman attended the liaison meeting with Dvorak. Stutsman attended an Open House Committee meeting. Stutsman had a Decat meeting. Stutsman said March 21, 2009 Social Services Coordinator Amy Correia is arranging a meeting for daycare providers in the unincorporated areas.
Meyers said he had a liaison meeting with SEATS Director Tom Brase.
County Engineer Greg Parker said before Executive Session this case went to trial last week and the jury verdict was in the County's favor. However, the case can still be appealed. Harney asked if Parker was still suggesting an Executive Session. Parker said yes.
Motion by Sullivan, second by Stutsman, to enter into Executive Session at 10:08 a.m. under section 21.5(1.c), Code of Iowa, “to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.” Roll call: aye: Harney, Stutsman, Sullivan, Meyers.
Motion by Harney, second by Sullivan, to leave Executive Session at 10:36 a.m. Roll call: aye: Harney, Stutsman, Sullivan, Meyers.
Adjourned at 10:36 a.m.
By Nancy Tomkovicz, Recording Secretary