MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
JULY 16, 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.
PROCLAMATION 07-16-09-01
PROCLAMATION SUPPORTING JOHNSON COUNTY CRISIS CENTER THANKSGIVING IN JULY WEEK; A COMMUNITY WIDE FOOD DRIVE FROM JULY 20-25, 2009
Whereas, the Johnson County Crisis Center, a United Way Agency, provides basic emotional and material support through trained volunteers and staff in an accessible, non-judgmental, and caring environment since its establishment in 1970; and
Whereas, any Johnson County resident in need may qualify for perishable and non-perishable goods that the Crisis Center Food Bank distributes each year; and
Whereas, the Food Bank distributes food to more than 725 families per week and more than 4,000 households, including almost 50 percent of those receiving assistance being children under 18 years of age and more than 25 percent of food bank clients are single women with young children; and
Whereas, Johnson County provides financial support to the Food Bank through a Social Services Block Grant and 80 percent of the food distributed comes from donations, and donations are consistently lower in the summer months; and
Now, Therefore, we, the members of the Johnson County Board of Supervisors, invite all residents of Johnson County to participate in the Crisis Center Thanksgiving in July Food Drive from July 20-25, 2009 by hosting a food drive at your place of employment, church or social organization, donating non-perishable canned or packaged food at your local grocery store during the drive or giving a cash donation to allow the Crisis Center to buy bulk food at reduced costs.
Motion by Stutsman, second by Sullivan, to approve Proclamation 07-16-09-01.
Motion by Sullivan, second by Meyers, 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 July 9, 2009.
Motion by Harney, second by Stutsman, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Motion by Sullivan, second by Meyers, to approve and authorize the Chairperson to sign a New Application for a 5-day Class C Liquor License, Application for Outdoor Service Area, and Application for Sunday Privilege for Camp Euforia, Lone Tree, as submitted by Scott Kading.
Motion by Stutsman, second by Sullivan, to accept the County Auditor’s Quarterly Report of Fees Collected for the quarter ending June 30, 2009, in the amount of $33,253.20, as submitted by County Auditor Tom Slockett.
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 January 1, 2009 and ending June 30, 2009, as submitted by County Treasurer Tom Kriz.
Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign a letter of support for the grant application to the Iowa Finance Authority’s Public Service Shelter Grant Program.
Final consideration of Zoning Application 15802 of Johnson County Joint Emergency Cell Center.
ORDINANCE 07-16-09-Z1
ZONING APPLICATION 15802
AN ORDINANCE AMENDING THE JOHNSON COUNTY UNIFIED DEVELOPMENT ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A-AGRICULTURAL TO P-PUBLIC
SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Unified Development Ordinance by changing the classification of the real estate described in Section II hereof from A-Agricultural to R-Residential.
SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Washington Township and comprised of approximately 3.15 acres more or less to wit:
Description
A portion of the Northeast One-quarter of the Northeast One-quarter of Section 12, Township 78 North, Range 8 West of the 5th Principal Meridian, Johnson County, Iowa, more particularly described as follows:
Commencing at the northeast corner of Section 12, Township 78 North, Range 8 West of the 5th Principal Meridian, Johnson County, Iowa; thence N89°21'10”W, along the north line of the Northeast One-quarter of said Section 12, a distance of 1331.87 feet to the northwest corner of said Northeast One-quarter of the Northeast One-quarter of Section 12; thence S00°21'14”E, along the west line of said Northeast One-quarter of the Northeast One-quarter of Section 12, a distance of 488.08 feet to the point of beginning; thence S65°11'05”E, 514.83 feet to a point on the proposed northwesterly right-of-way line of Angle Road SW; thence S51°07'37”W, along said proposed northwesterly right-of-way line, 449.49 feet; thence southwesterly, 143.35 feet, along said proposed northwesterly right-of-way line and an arc of a 2805.00 foot radius curve, concave northwesterly, whose 143.32 foot chord bears S52°31'19”W to a point on said west line of the Northeast One-quarter of the Northeast One-quarter of Section 12; thence N00°21'14”W, along said west line, 585.39 feet to the point of beginning, containing 3.15 acres and is subject to easements and restrictions of record
is hereby changed from A-Agricultural to P-Public.
SECTION III. DISTRICT MAPS. The portion of the District Maps maintained in accordance with Chapter 8:1.5.I of the Johnson County Unified Development Ordinance as pertains to the real estate described in Section II of this ordinance is hereby repealed and amended to reflect the foregoing change in classification.
SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION V. SAVINGS CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid, illegal or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid, illegal or unconstitutional.
SECTION VI. EFFECTIVE DATE. This ordinance shall become effective, after its passage and approval, upon publication as part of the proceedings of the Board of Supervisors.
On July 9, 2009, motion by Harney, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application 15802 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan, Meyers.
Motion by Harney, second by Meyers, to approve Application 15802 on final consideration and to approve Ordinance 07-16-09-Z1. Roll call: aye: Harney, Stutsman, Sullivan, Neuzil, Meyers.
RESOLUTION 07-16-09-Z1
Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on July 13, 2009, filed its report and recommendations for certain actions;
Now, Therefore, Be It Resolved as follows:
1. A public hearing in accordance with Section 335.6 of the Iowa Code is set for the 13th day of August, 2009 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following subdivision applications: Stevens (15804), Tillman (15807), zoning applications AgVantage FS (15860), Kidwell (15861), and The Amendment to the 2008 Johnson County Land Use Plan and the amendment to the Johnson County Unified Development Ordinance.
2. That the Johnson County Auditor be authorized to publish the official notice of above public hearing.
Motion by Stutsman, second by Sullivan, to approve Resolution 07-16-09-Z1.
Reconvened Public Hearing on Platting Application at 9:17 a.m.
Subdivision Application 15803 of Johnson County Joint Emergency Cell Center signed by Mike Sullivan requesting preliminary and final plat approval of JECC Subdivision, a subdivision described as being located in the NE 1/4 of the NE 1/4 of Section 12, Township 78 North, Range 8 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot, 4.02 acre public subdivision located on the north side of Angle Road SW approximately 1400 feet west of its intersection with Highway 1 SW in Washington Township.
No one from the public spoke on the application.
Public Hearing closed at 9:18 a.m.
RESOLUTION 07-16-09-Z2
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF JECC SUBDIVISION JOHNSON COUNTY, IOWA
Whereas, the owner has filed application 15803 for approval of a preliminary and final plat of JECC 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: Owner’s Certificate, Title Opinion; Certificate of County Auditor, Treasurer’s Certificate, Subdividers’ Agreement, Fence Agreement, Mortgagee’s Consent, Grant of Easement, Groundwater Hazard Statement, Easement Statement from Attorney, Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5); C. Acquisition Plat (5).
Motion by Sullivan, second by Meyers, to approve Resolution 07-16-09-Z2.
First and Second consideration of amendment to the Johnson County Local Amendments to the 2008 National Electrical Code, Including Annex H, amending section 80.18 to add reference to unclassified persons.
Motion by Harney, second by Sullivan, to waive the requirement of three considerations before amending an ordinance and to approve the amendment to the Johnson County Local Amendments to the 2008 National Electrical Code, Including Annex H, on first and second consideration. Roll call: aye: Harney, Stutsman, Sullivan, Neuzil, Meyers.
RESOLUTION 07-16-09-T1
TRANSFERRING FROM THE GENERAL BASIC FUND TO THE SECONDARY ROADS FUND
Whereas, it is desired to make periodic transfers of the budgeted amount from the General Basic Fund to the Secondary Roads Fund during the 2009-2010 Fiscal Year as needed; and
Whereas, these transfers are made in accordance with sections 331.429 and 312.2, Code of Iowa; and
Whereas, the budgeted amount to be transferred is $700,000.
Therefore be it resolved that the Auditor is authorized to make periodic transfers from the General Basic Fund to the Secondary Roads Fund during the 2009-2010 Fiscal Year as funds are needed and available, not to exceed the sum of $700,000.
Motion by Stutsman, second by Sullivan, to approve Resolution 07-16-09-T1.
RESOLUTION 07-16-09-T2
TRANSFERRING FROM THE GENERAL BASIC FUND TO THE TECHNOLOGY FUND IN THE FY10 BUDGET
Whereas, $652,467 is budgeted to be transferred from the General Basic Fund to the Technology Fund during the 2009-2010 Fiscal Year; and
Whereas, the Board of Supervisors desires to designate this amount for specific technology projects; and
Whereas, expenditures for these projects will be made from the Technology Fund.
Therefore be it resolved that the $652,467 budgeted to be transferred from the General Basic Fund to the Technology Fund during the 2009-2010 Fiscal Year be designated as follows: Dept.01-Ambulance-$16,238 for software maintenance contract; Dept.02-Attorney- $20,310 for software maintenance contract; Dept.03-Auditor- $3,000 for software maintenance contract; Dept.07-Information Services- $94,000 for software maintenance contract; Dept.08-Sheriff- $84,079 for software maintenance contract; Dept 11-Recorder- $19,200 for software maintenance contracts; Dept.12-SEATS $26,716 for software maintenance contracts; Dept.33-Elections-$24,352 for software maintenance contract; Dept.33-Elections-$2,800 for hardware purchase; Dept.07-Information Services-$16,800 for connection fees; Dept.18-Central Services-$25,712 for software maintenance;
Dept.18-Central Services-$5,000 for hardware repair; Dept.18-Central Services-$185,260 for hardware purchase; Dept.18-Central Services-$2,500 for software purchase; Dept.18-Central Services-$33,000 for employee computer purchase agreement; Dept.18-Central Services-$93,500 for hardware purchase document imaging.
Motion by Sullivan, second by Meyers, to approve Resolution 07-16-09-T2.
RESOLUTION 07-16-09-T3
DESIGNATING FUNDS TO BE TRANSFERRED FROM THE GENERAL BASIC FUND TO THE CAPITAL EXPENDITURES FUND IN THE FY10 BUDGET
Whereas, it is desired to make periodic transfers of the budgeted amount from the General Basic Fund to the Capital Expenditures Fund; and
Whereas, this transfer is made in accordance with section 331.427 Code of Iowa, and
Whereas, the budgeted amount to be transferred is $803,180.
Therefore be it resolved that $803,180 is to be transferred from the General Basic Fund to the Capital Expenditures Fund during the 2009-2010 Fiscal Year be designated as follows: Dept. 01- Ambulance $150,300 for vehicle purchase; Dept. 01- Ambulance $31,090 for medical equipment; Dept. 03- Auditor $5,000 office equipment; Dept. 04- Public Health $10,320 vehicle purchase; Dept. 07- Information Services $3,000 vehicle purchase; Dept. 08- Sheriff $150,470 vehicle purchase; Dept. 10- Medical Examiner $25,000 medical equipment; Dept. 12- SEATS $20,000 vehicle purchase; Dept. 17- Physical Plant $290,000 construction and maintenance equipment; Dept. 19- Planning and Zoning $18,000 vehicle purchase; Dept. 44- Capital Expenditures $100,000 trail construction.
Motion by Harney, second by Stutsman, to approve Resolution 07-16-09-T3.
RESOLUTION 07-16-09-T4
DESIGNATING FUNDS TO BE TRANSFERRED FROM THE GENERAL BASIC FUND TO THE CAPITAL PROJECTS FUND IN THE FY10 BUDGET
Whereas, it is desired to make periodic transfers of the budgeted amount from the General Basic Fund to the Capital Projects Fund; and
Whereas, this transfer is made in accordance with section 331.427 Code of Iowa, and
Whereas, the budgeted amount to be transferred is $4,347,393.
Therefore be it resolved that $4,347,393 is to be transferred from the General Basic Fund to the Capital Projects Fund during the 2009-2010 Fiscal Year be designated as follows: Dept. 85- Capital Projects $4,347,393 for building construction
Motion by Stutsman, second by Sullivan, to approve Resolution 07-16-09-T4.
RESOLUTION -07-16-09-T5
TRANSFERRING FROM THE GENERAL SUPPLEMENTAL FUND TO THE GENERAL BASIC FUND
Whereas, property taxes are levied in the General Supplemental Fund for allowable expenditures made from the General Basic Fund; and
Whereas, it is desired to make periodic transfers of the budgeted amount from the General Supplemental Fund to the General Basic Fund during the 2009-2010 Fiscal Year as needed; and
Whereas, this transfer is made in accordance with section 331.424, Code of Iowa; and
Whereas, the budgeted amount to be transferred is $14,740,315.
Therefore be it resolved that the Auditor is authorized to make periodic transfers from the General Supplemental Fund to the General Basic Fund during the 2009-2010 Fiscal Year as funds are needed and available, not to exceed the sum of $14,740,315.
Motion by Sullivan, second by Meyers, to approve Resolution 07-16-09-T5.
RESOLUTION 07-16-09-T6
TRANSFERRING FROM THE RURAL BASIC FUND TO THE SECONDARY ROADS FUND
Whereas, it is desired to make periodic transfers of the budgeted amount from the Rural Services Basic Fund to the Secondary Roads Fund during the 2009-2010 fiscal year as needed; and
Whereas, these transfers are made in accordance with sections 331.429 and 312.2, Code of Iowa; and
Whereas, the budgeted amount to be transferred is $2,700,000.
Therefore be it resolved that the Auditor is authorized to make periodic transfers from the Rural Services Basic Fund to the Secondary Roads Fund during the 2009-2010 fiscal year as funds are needed and available, not to exceed the sum of $2,700,000.
Motion by Meyers, second by Stutsman, to approve Resolution 07-16-09-T6.
RESOLUTION 07-16-09-T7
TRANSFERRING FROM THE GENERAL BASIC FUND TO THE CONSERVATION TRUST FUND
Whereas, the Board of Supervisors may periodically credit monies to the Conservation Trust Fund pursuant to section 350.6, Code of Iowa; and
Whereas, $82,403 is the amount of Conservation Department revenue collected within the General Basic Fund during the 2008-2009 Fiscal Year; and
Whereas, sufficient funds are available in the General Basic Fund.
Therefore be it resolved that the Auditor is authorized to transfer $82,403 from the General Basic Fund to the Conservation Trust Fund.
Motion by Meyers, second by Sullivan, to approve Resolution 07-16-09-T7.
Motion by Harney, second by Stutsman, to approve the County Assessor’s Homestead and Military credit application approvals and denials for the fiscal year ending June 30, 2009.
Motion by Meyers, second by Stutsman, to approve and authorize the Chairperson to sign an Application for Fireworks Permit for Erica Neuzil, Hills, for display at Johnson County Fairgrounds on July 30, 2009.
Adjourned to Informal meeting at 9:28 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 July 23, 2009.