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: Charles Duffy, Jonathan Jordahl, Mike Lehman, Sally Stutsman, and Carol Thompson.

Unless otherwise noted, all actions were taken unanimously.

Motion by Jordahl, second by Lehman, 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 meeting of December 30, 1999.

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

Whereas, the Iowa General Assembly recently enacted House File 476, which amends Chapter 6B of the Iowa Code to revise aspects of the law relating to the acquisition of private property for public improvement projects; and

Whereas, Section 6B.54(2) of the Iowa Code, as amended by HF 476, provides that an acquiring agency may prescribe a procedure to waive the requirement for an appraisal "in cases involving the acquisition of property with a low fair market value"; and

Whereas, Section 6B.54(2) of the Iowa Code, as amended by HF 476, now requires each governmental body that acquires property to establish an amount that it believes to be just compensation for the property or property interest being acquired before it initiates negotiations for the property;

Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa that:

For purposes of this resolution, the following terms shall have the following definitions:

Appraisal means a written report, provided by an appraiser in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP), indicating the fair market value to be paid for the acquisition or taking of private property, and/or of the damages to be paid for the acquisition or taking of an interest in private property or of a part of such property.

Compensation Estimate means a valuation, prepared by an acquisition agent, or other person with special training or experience for that task, indicating the fair market value for the acquisition or taking of private property, and/or of the damages for the acquisition or taking of an interest in private property or of a part of such property. A compensation estimate shall state an itemization of the elements of the valuation and/or damages. A compensation estimate is not an appraisal.

Low Fair Market Value means that the acquisition is estimated to have a fair market value of $10,000 or less, exclusive of payments for the cost of tillage, fertilizer, growing crops, agricultural right-of-way fence, and legislated $5/lineal foot of lengthened residential driveway, as determined by a review of available market data.

For all acquisitions other than those of low market value, the valuation of the property or property interest to be acquired shall be determined by an appraisal.

When it reasonably appears that an acquisition parcel or an interest in an acquisition parcel is likely to be of low market value, the valuation of that property or property interest shall be determined by a compensation estimate in lieu of an appraisal.

The compensation estimate shall be prepared by a person who has acquired knowledge from working in the field of land acquisition on how to identify, estimate and document the cost to cure damages and how to determine the value of land to be acquired based on available market data. A compensation estimate may be prepared by the same person who is engaged to negotiate the purchase of property or property rights to be acquired.

The person preparing a Compensation Estimate may give the landowner an opportunity to participate in the preparation of a Compensation Estimate to identify any item of damage not considered or to provide verifiable cost to cure information.

The compensation estimate shall itemize the estimated value of: the land or the interest in the land, any buildings on the property acquired, all other improvements acquired including fences, signs, severance damages, and loss of access.

If the compensation estimate obtained indicates that just compensation for that property or property interest is in excess of low market value, an appraisal shall be obtained for that property or property interest.

The Johnson County Engineer or their designee is hereby authorized and empowered to determine the amount of just compensation for each and every property or interest in property to be acquired for a public improvement project, those determinations to be made on the basis of appraisals and compensation estimates made as aforesaid.

Motion by Thompson, second by Jordahl, to approve Resolution 01-06-00-01.

Be it resolved by the Board of Supervisors of Johnson County, Iowa, that Mike Gardner, the County Engineer of Johnson County, Iowa, be and is hereby designated, authorized, and empowered on behalf of the Board of Supervisors of said County to execute the certification of completion of work and final acceptance thereof in accordance with plans and specifications therefore in connection with all Farm to Market construction projects in this county.

Motion by Duffy, second by Lehman, to approve Resolution 01-06-00-02.

Whereas, rules and regulations of the Iowa Department of Transportation require authorization from local County Boards of Supervisors to hold Farm to Market project lettings;

Now therefore be it resolved that the Iowa Department of Transportation may hold lettings on projects financed from the Farm to Market Road Fund.

Motion by Lehman, second by Duffy, to approve Resolution 01-06-00-03.

Whereas, Section 306.41, Code of Iowa (1998), provides for the closing of certain highways when necessary for maintenance, construction or natural disaster;

Therefore be it resolved:

1. That all portions of roads in the 2000 Construction Program be closed when necessary during the construction processes;

2. That any roads having maintenance operations performed necessitating closure be closed when necessary;

3. That any portions of road incurring some type of natural disaster be closed when necessary; and

4. The actual dates of closure are to be determined by the County Engineer for each necessary closure.

Motion by Thompson, second by Duffy, to approve Resolution 01-06-00-04.

Reconvened Public Hearing of Platting Application S9841 at 9:12 a.m.

Application S9841 of Gateway Ltd., signed by Jerry Eyman, requesting preliminary and final plat approval of Gateway Second Addition, a subdivision located in the SW 1/4 of Section 5; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 15.0 acre, commercial subdivision, located on the north side of Herbert Hoover Highway SE, approximately 1/2 mile west of the Herbert Hoover Highway and I-80 intersection in Scott Twp.). In conjunction with this application, an application SP17 for a site plan approval will also be heard.

Assistant Planning and Zoning Administrator R.J. Moore reported the applicant was not present. Moore said the applicant had delivered construction plans for the improvements to Herbert Hoover Highway to the County Engineer and Assistant County Engineer on or following December 20. Moore said the plans proposed by the applicant will work, but there are a few items that need to be addressed. He said, once revised, the plans need to be submitted to the Iowa Department of Transportation for their review. Moore said the County Engineer feels the IDOT won’t have a lot of objections, but they do want to review the plans. Moore said the second item that needs to be resolved is the Road Improvement Contract proposal between the applicant and the County. Moore said the applicant‘s attorney and the County Attorney have come up with a final document that is acceptable to the County Attorney, which hasn’t been signed. Moore recommended deferral until the County Engineer approves the Construction Plans and the County Attorney approves the contract. Moore reported there are no problems with the plat itself or the site plan.

Motion by Thompson, second by Duffy, to defer Application S9841 and Site Plan SP17 until February 3, 2000, and continue the public hearing.

Public Hearing recessed at 9:24 a.m.

Motion by Jordahl, second by Thompson, to place on file the letter from Compensation Board Chair Thomas Gill regarding salaries of the elected officials of Johnson County for Fiscal Year 2001.

Motion by Thompson, second by Duffy, to approve and authorize the Chair to sign the contract agreement with McLeod USA for the Ambulance Department’s new telephone/voice mail system for $11,014.

Motion by Jordahl, second by Lehman, to approve combining Informal and Formal meetings on Thursdays starting Thursday, January 20th as a 3 month pilot project. Roll Call: aye: Lehman, Jordahl, Stutsman, Thompson; nay: Duffy.

Motion by Duffy, second by Thompson, to appoint Alan Miller to the East Central Iowa Council of Governments ISTEA Technical Advisory Committee for a term ending January 1, 2003.

Motion by Jordahl, second by Thompson, to appoint various Board members to the following Boards and Committees: Chatham Oaks-Mike Lehman; Citizens Advisory Board-Any available Board member; City Assessor Conference Board-All; Clear Creek Watershed-Charlie Duffy; County Assessor Conference Board-All; Decategorization-Jonathan Jordahl and Sally Stutsman; Diverse-Cities Team-Jonathan Jordahl; E911Committee-Mike Lehman; ECICOG ISTEA Policy Committee-Jonathan Jordahl and Charlie Duffy with All as alternates; ECICOG ISTEA Technical Advisory Committee-Charlie Duffy with Jonathan Jordahl as alternate; Deer Committee-Charlie Duffy; FEMA Board-Mike Lehman; HACAP Board-Carol Thompson; Heritage Agency on Aging Task Force-Carol Thompson; Highway 965 Extension Study Committee-Mike Lehman with Jonathan Jordahl as alternate; Housing Task Force-Carol Thompson; ICAD-Mike Lehman; Iowa City Area Chamber-Mike Lehman; Iowa City Fringe Area Agreement Study Committee-Mike Lehman and Jonathan Jordahl; Iowa Valley Resource Conservation and Development Council-Charlie Duffy with Mike Lehman as alternate; JCCOG Board of Directors-Jonathan Jordahl and Mike Lehman; JCCOG Rural Policy Board-Sally Stutsman and Mike Lehman; Johnson County Emergency Management and LEPC-Charlie Duffy; Johnson County/Iowa City Airport Zoning Commission-Sally Stutsman with All as alternates; Johnson County Mental Health/Developmental Disabilities Planning Council-All; Subcommittees under MH/DD Planning Council: Executive Committee-Sally Stutsman; Continuous Quality Improvement-Carol Thompson; Finance Committee-Mike Lehman; Advocacy Committee-Charlie Duffy; Research and Development-Jonathan Jordahl; Juvenile Crime Prevention Policy Board-Carol Thompson and Jonathan Jordahl; Labor Negotiation-Charlie Duffy and Mike Lehman; MECCA-Sally Stutsman; Mid-Eastern Mental Health Center Board of Directors-Carol Thompson; Nutrition Board-Jonathan Jordahl; Random Cash Counts-Sally Stutsman and Mike Lehman; REAP-Charlie Duffy; Regional Trails and Bicycling Committee-Jonathan Jordahl; Roads Liaison-Charlie Duffy and Mike Lehman; SEATS Advisory Committee-Sally Stutsman and Charlie Duffy; SEATS Operations Committee-Mike Lehman with Jonathan Jordahl as alternate; Sixth Judicial District Department of Correctional Services Board of Directors-Sally Stutsman; Study Committee Onsite Wastewater Systems on Lots of Less than One Acre-Jonathan Jordahl; United Way/Joint Funding Hearings-Carol Thompson and Mike Lehman; Economic Development Committee-Charlie Duffy and Mike Lehman; Finance Work Group-Carol Thompson and Jonathan Jordahl; Johnson County Communications Committee-Jonathan Jordahl; Johnson County Computer Committee/Technology-Jonathan Jordahl and Mike Lehman; Space Needs Committee-Jonathan Jordahl and Carol Thompson; Johnson County Comprehensive Land Use Plan Follow Up-All; Hills Fringe Area-Mike Lehman and Charlie Duffy; Oxford Fringe Area-Carol Thompson; Shueyville Fringe Area-Jonathan Jordahl; Human Resources-Sally Stutsman and Carol Thompson; Staff Liaison to Board of Supervisors-Carol Thompson and Mike Lehman; Staff Liaison to Mental Health/Developmental Disabilities-Jonathan Jordahl and Sally Stutsman; and Staff Liaison to SEATS-Jonathan Jordahl and Sally Stutsman

Motion by Thompson, second by Jordahl, the Board having considered the grievances of Andrew Hoyt and Jerry Kron, including the brief received from the union on December 29th and the brief received from the County’s representative on January 4th, the Board finds that the department hired the most qualified internal applicant for the District Patrol Person vacancy, that the department’s decision was in accordance with Article 5 of the contract and, therefore, the grievances are denied and the department’s decision is sustained.

Adjourned to informal meeting of January 4 and 6, 2000 at 9:43 a.m.

/s/Sally Stutsman, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary

These minutes were sent for publication and formal approval on January 13, 2000.