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

MARCH 14, 2002

Chairperson Thompson called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:30 p.m. Members present were: Pat Harney, Mike Lehman, Terrence Neuzil, Sally Stutsman, and Carol Thompson.

Unless otherwise noted, all actions were taken unanimously.

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

Motion by Neuzil, second by Stutsman, to approve the minutes of the formal meetings of March 7, 2002 and March 11, 2002.

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 Stutsman, second by Lehman, to approve and authorize the Chairperson to sign: a Renewal Application for Class B Beer Permit, Application for Outdoor Service Area, and Application For Sunday Sales Privilege for Hi Point Golf Course, Iowa City, as submitted by Lori Wood.

RESOLUTION 03-14-02-B5

Approving and authorizing a Loan Agreement and providing for the issuance of a $7,525,000 Tax Exempt General Obligation Capital Loan Note, Series 2002A and providing for the levy of taxes to pay the same

Whereas, pursuant to the provisions of Sections 331.402 of the Code of Iowa, the Board of Supervisors of Johnson County, Iowa (the "County"), has heretofore proposed to contract indebtedness and enter into a loan agreement in the principal amount of $8,405,000, for the purposes of paying the cost, to that extent, of remodeling, reconstructing and equipping the Johnson County Jail Building, the Johnson County Administration Building, the Johnson County Ambulance Building, the Johnson County Courthouse, the Johnson County Secondary Roads Building, the Johnson County Health Department Building, the Johnson County Department of Veterans’ Affairs, the Johnson County Conservation Department Operations Center, the Johnson County Department of Human Services Building, the Johnson County SEATS Building and funding health and liability self-insurance programs; and acquiring, developing and improving a geographic computer data base system suitable for automated mapping and facilities management, and has published notices of the proposed action and has held a hearing thereon; and

Whereas, bids were received for the sale of a $7,525,000 Tax Exempt General Obligation Capital Loan Note, Series 2002A ( the "Note"); and

Whereas, it is necessary at this time to authorize and approve the Loan Agreement and to make provision for the issuance of the Note in evidence of the obligation of the County under the Loan Agreement;

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

Section 1. The County hereby determines to enter into a loan agreement (the "Loan Agreement") with Hills Bank & Trust Company, Hills, Iowa, as lender (the "Lender"), in substantially the form as has been placed on file with the Board, providing for a loan to the County in the principal amount of $7,525,000 for the purpose or purposes set forth in the preamble hereof.

The Chairperson and County Auditor are hereby authorized and directed to sign the Loan Agreement on behalf of the County, and the Loan Agreement is hereby approved.

Section 2. The Note is hereby authorized to be issued in the principal amount of $7,525,000, and shall be dated as of the date of its delivery to the Lender and shall be payable as to both principal and interest in the manner hereinafter specified.

The County Treasurer is hereby designated as the registrar and paying agent for the Note and may be hereinafter referred to as the "Registrar" or the "Paying Agent".

Principal of the Note shall bear interest until paid from the date of the Note or from the last date on which interest has been paid at the rate of 2.15 per cent per annum. Interest will be paid on December 1, 2002, and at maturity, June 1, 2003. Principal of the Note shall be paid in full at maturity.

Payment of both principal of and interest on the Note shall be made to the registered owner appearing on the registration books of the County at the close of business on the fifteenth day of the month next preceding the payment date and shall be paid by check or draft mailed to the registered owner at the address shown on such registration books; provided, however, that the final installment of principal and interest shall be payable only upon presentation and surrender of the Note to the Paying Agent.

The County reserves the right to prepay principal of the Note in whole or in part at any time prior to and in inverse order of maturity on terms of par and accrued interest. All principal so prepaid shall cease to bear interest on the prepayment date.

The County hereby pledges the faith, credit, revenues and resources and all of the real and personal property of the County for the full and prompt payment of the principal of and interest on the Note.

The Note shall be executed on behalf of the County with the official manual or facsimile signature of the Chairperson and attested by the official manual or facsimile signature of the County Auditor and shall have the County’s seal impressed or printed thereon and shall be a fully registered Note without interest coupons. In case any officer whose signature or the facsimile of whose signature appears on the Note shall cease to be such officer before the delivery of the Note, such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery.

The Note shall be fully registered as to principal and interest in the name of the owner on the registration books of the County kept by the Registrar, and after such registration, payment of the principal thereof and interest thereon shall be made only to the registered owner or its legal representatives or assigns. The Note shall be transferable without cost to the registered owner thereof only upon the registration books of the County upon presentation to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner.

The record and identity of any owners of the Note shall be kept confidential as provided by Section 22.7 of the Code of Iowa.

Section 3. The Note shall be in substantially the following form:

 

(Form of Note)

 

UNITED STATES OF AMERICA

STATE OF IOWA

JOHNSON COUNTY

GENERAL OBLIGATION CAPITAL LOAN NOTE, SERIES 2002A

RATE MATURITY DATE NOTE DATE

2.15% June 1, 2003 ___________

Johnson County (the "County"), Iowa, for value received, promises to pay in the manner hereinafter provided to

HILLS BANK & TRUST COMPANY

Hills, Iowa

or registered assigns, the principal sum of SEVEN MILLION FIVE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($7,525,000), together with interest on the outstanding principal hereof from the date of this Note, or from the most recent payment date on which interest has been paid, except as the provisions hereinafter set forth with respect to prepayment prior to maturity may be or become applicable hereto.

Principal of this Note shall bear interest at the rate of 2.15 per cent per annum. Principal of this Note shall be payable in full at maturity on June 1, 2003. Accrued interest will be paid on December 1, 2002, and at maturity on June 1, 2003.

Both principal of and interest on this Note are payable to the registered owner appearing on the registration books of the County maintained by the County Treasurer (hereinafter referred to as the "Registrar" or the "Paying Agent") at the close of business on the fifteenth day of the month next preceding the payment date in lawful money of the United States of America by check or draft mailed to the registered owner at the address shown on such registration books; provided, however, principal and the final installment of interest shall be payable only upon presentation and surrender of this Note to the Paying Agent.

This Note is issued by the County to evidence its obligation under a certain Loan Agreement, dated as of March 1, 2002 (the "Loan Agreement") entered into by the County for the purpose of providing funds to pay the cost of remodeling, reconstructing and equipping various County buildings, funding health and liability self-insurance programs; and acquiring a geographic computer data base system.

This Note is issued pursuant to and in strict compliance with the provisions of Chapter 331 of the Code of Iowa, 2001, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the County Board of Supervisors authorizing and approving the Loan Agreement and providing for the issuance and securing the payment of this Note (the "Resolution"), and reference is hereby made to the Resolution and the Loan Agreement for a more complete statement as to the source of payment of this Note and the rights of the owner of this Note.

The County reserves the right to prepay principal of this Note, in whole or in part, at any time prior to and in inverse order of maturity on terms of par and accrued interest. All principal so prepaid shall cease to bear interest on the prepayment date.

This Note is fully negotiable but shall be fully registered as to both principal and interest in the name of the owner on the books of the County in the office of the Registrar, after which no transfer shall be valid unless made on said books and then only upon presentation of this Note to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form hereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner.

The County, the Registrar and the Paying Agent may deem and treat the registered owner hereof as the absolute owner for the purpose of receiving payment of or on account of principal hereof, premium, if any, and interest due hereon and for all other purposes, and the County, the Registrar and the Paying Agent shall not be affected by any notice to the contrary.

And It Is Hereby Certified and Recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa, to exist, to be had, to be done or to be performed precedent to and in the issue of this Note were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the County for the payment of the principal of and interest on this Note as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the County are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of the County, including this Note, does not exceed any constitutional or statutory limitations.

In Testimony Whereof, Johnson County, Iowa, by its Board of Supervisors, has caused this Note to be sealed with its official seal, to be executed by its Chairperson and attested by its County Auditor, all the ___ day of March, 2002.

JOHNSON COUNTY, IOWA

By_______________________________

Chairperson, Board of Supervisors

Attest:

_____________________________________

County Auditor

(Seal)

 

ASSIGNMENT

For valuable consideration, receipt of which is hereby acknowledged, the undersigned assigns this Note to

________________________________________________________________________

(Please print or type name and address of Assignee)

 

______________________________________

PLEASE INSERT SOCIAL SECURITY OR OTHER

IDENTIFYING NUMBER OF ASSIGNEE

and does hereby irrevocably appoint ________________________________, Attorney, to transfer this Note on the books kept for registration thereof with full power of substitution.

Dated: _______________________

Signature guaranteed:

____________________________________

____________________________________

____________________________________

____________________________________

NOTICE: The signature to this Assignment must correspond with the name of the registered owner as it appears on this Note in every particular, without alteration or enlargement or any change whatever.

Section 4. The Note shall be executed as herein provided as soon after the adoption of this resolution as may be possible and thereupon shall be delivered to the Registrar for registration and delivery to the Lender, upon receipt of the loan proceeds, and all action heretofore taken in connection with the Loan Agreement is hereby ratified and confirmed in all respects.

Section 5. For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Note as the same become due, there is hereby ordered levied on all the taxable property in the County for the year while the Note is outstanding, a tax sufficient for that purpose, and in furtherance of this provision, but not in limitation thereof, there is hereby levied on all the taxable property in the County the following direct annual tax:

For collection in the fiscal year beginning July 1, 2002,

sufficient to produce the net annual sum of $7,716,000.

Section 6. A certified copy of this resolution shall be filed with the County Auditor, and said Auditor shall be and is hereby instructed to enter for collection and assess the tax hereby authorized. When annually entering such taxes for collection, the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the County and when collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the County and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the Note hereby authorized and for no other purpose whatsoever.

Section 7. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from current funds on hand in advance of taxes levied and when the taxes shall have been collected, reimbursement shall be made to such current funds to the sum thus advanced.

Section 8. It is the intention of the County that interest on the Note be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate provisions of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the "Internal Revenue Code"). In furtherance thereof, the County covenants to comply with the provisions of the Internal Revenue Code as they may from time to time be in effect or amended and further covenants to comply with the applicable future laws, regulations, published rulings and court decisions as may be necessary to insure that the interest on the Note will remain excluded from gross income for federal income tax purposes. Any and all of the officers of the County are hereby authorized and directed to take any and all actions as may be necessary to comply with the covenants herein contained.

The County hereby designates the Note as a "Qualified Tax Exempt Obligation" as that term is used in Section 265(b)(3)(B) of the Internal Revenue Code.

Section 9. All resolutions or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict.

Motion by Neuzil, second by Stutsman, to approve Resolution 03-14-02-B5.

 

RESOLUTION 03-14-02-B6

Approving and authorizing a Loan Agreement and providing for the issuance of a $880,000 Taxable General Obligation Capital Loan Note, Series 2002B and providing for the levy of taxes to pay the same

Whereas, pursuant to the provisions of Sections 331.402 of the Code of Iowa, the Board of Supervisors of Johnson County, Iowa (the "County"), has heretofore proposed to contract indebtedness and enter into a loan agreement in the principal amount of $8,405,000, for the purposes of paying the cost, to that extent, of remodeling, reconstructing and equipping the Johnson County Jail Building, the Johnson County Administration Building, the Johnson County Ambulance Building, the Johnson County Courthouse, the Johnson County Secondary Roads Building, the Johnson County Health Department Building, the Johnson County Department of Veterans’ Affairs, the Johnson County Conservation Department Operations Center, the Johnson County Department of Human Services Building, the Johnson County SEATS Building and funding health and liability self-insurance programs; and acquiring, developing and improving a geographic computer data base system suitable for automated mapping and facilities management, and has published notices of the proposed action and has held a hearing thereon; and

Whereas, bids were received for the sale of a $880,000 Taxable General Obligation Capital Loan Note, Series 2002B ( the "Note"); and

Whereas, it is necessary at this time to authorize and approve the Loan Agreement and to make provision for the issuance of the Note in evidence of the obligation of the County under the Loan Agreement;

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

Section 1. The County hereby determines to enter into a loan agreement (the "Loan Agreement") with Hills Bank & Trust Company, Hills, Iowa, as lender (the "Lender"), in substantially the form as has been placed on file with the Board, providing for a loan to the County in the principal amount of $880,000 for the purpose or purposes set forth in the preamble hereof.

The Chairperson and County Auditor are hereby authorized and directed to sign the Loan Agreement on behalf of the County, and the Loan Agreement is hereby approved.

Section 2. The Note is hereby authorized to be issued in the principal amount of $880,000, and shall be dated as of the date of its delivery to the Lender and shall be payable as to both principal and interest in the manner hereinafter specified.

The County Treasurer is hereby designated as the registrar and paying agent for the Note and may be hereinafter referred to as the "Registrar" or the "Paying Agent".

Principal of the Note shall bear interest until paid from the date of the Note or from the last date on which interest has been paid at the rate of 2.95 per cent per annum. Interest will be paid on December 1, 2002, and at maturity, June 1, 2003. Principal of the Note shall be paid in full at maturity.

Payment of both principal of and interest on the Note shall be made to the registered owner appearing on the registration books of the County at the close of business on the fifteenth day of the month next preceding the payment date and shall be paid by check or draft mailed to the registered owner at the address shown on such registration books; provided, however, that the final installment of principal and interest shall be payable only upon presentation and surrender of the Note to the Paying Agent.

The County reserves the right to prepay principal of the Note in whole or in part at any time prior to and in inverse order of maturity on terms of par and accrued interest. All principal so prepaid shall cease to bear interest on the prepayment date.

The County hereby pledges the faith, credit, revenues and resources and all of the real and personal property of the County for the full and prompt payment of the principal of and interest on the Note.

The Note shall be executed on behalf of the County with the official manual or facsimile signature of the Chairperson and attested by the official manual or facsimile signature of the County Auditor and shall have the County’s seal impressed or printed thereon and shall be a fully registered Note without interest coupons. In case any officer whose signature or the facsimile of whose signature appears on the Note shall cease to be such officer before the delivery of the Note, such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery.

The Note shall be fully registered as to principal and interest in the name of the owner on the registration books of the County kept by the Registrar, and after such registration, payment of the principal thereof and interest thereon shall be made only to the registered owner or its legal representatives or assigns. The Note shall be transferable without cost to the registered owner thereof only upon the registration books of the County upon presentation to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner.

The record and identity of any owners of the Note shall be kept confidential as provided by Section 22.7 of the Code of Iowa.

Section 3. The Note shall be in substantially the following form:

 

(Form of Note)

UNITED STATES OF AMERICA

STATE OF IOWA

JOHNSON COUNTY

GENERAL OBLIGATION CAPITAL LOAN NOTE, SERIES 2002B

(Taxable)

___

RATE MATURITY DATE NOTE DATE

2.95% June 1, 2003 ___________

Johnson County (the "County"), Iowa, for value received, promises to pay in the manner hereinafter provided to

 

HILLS BANK & TRUST COMPANY

Hills, Iowa

or registered assigns, the principal sum of EIGHT HUNDRED EIGHTY THOUSAND DOLLARS ($880,000), together with interest on the outstanding principal hereof from the date of this Note, or from the most recent payment date on which interest has been paid, except as the provisions hereinafter set forth with respect to prepayment prior to maturity may be or become applicable hereto.

Principal of this Note shall bear interest at the rate of 2.95 per cent per annum. Principal of this Note shall be payable in full at maturity on June 1, 2003. Accrued interest will be paid on December 1, 2002, and at maturity on June 1, 2003.

Both principal of and interest on this Note are payable to the registered owner appearing on the registration books of the County maintained by the County Treasurer (hereinafter referred to as the "Registrar" or the "Paying Agent") at the close of business on the fifteenth day of the month next preceding the payment date in lawful money of the United States of America by check or draft mailed to the registered owner at the address shown on such registration books; provided, however, principal and the final installment of interest shall be payable only upon presentation and surrender of this Note to the Paying Agent.

This Note is issued by the County to evidence its obligation under a certain Loan Agreement, dated as of March 1, 2002 (the "Loan Agreement") entered into by the County for the purpose of providing funds to pay the cost of remodeling, reconstructing and equipping various County buildings, funding health and liability self-insurance programs; and acquiring a geographic computer data base system.

This Note is issued pursuant to and in strict compliance with the provisions of Chapter 331 of the Code of Iowa, 2001, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the County Board of Supervisors authorizing and approving the Loan Agreement and providing for the issuance and securing the payment of this Note (the "Resolution"), and reference is hereby made to the Resolution and the Loan Agreement for a more complete statement as to the source of payment of this Note and the rights of the owner of this Note.

The County reserves the right to prepay principal of this Note, in whole or in part, at any time prior to and in inverse order of maturity on terms of par and accrued interest. All principal so prepaid shall cease to bear interest on the prepayment date.

This Note is fully negotiable but shall be fully registered as to both principal and interest in the name of the owner on the books of the County in the office of the Registrar, after which no transfer shall be valid unless made on said books and then only upon presentation of this Note to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form hereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner.

The County, the Registrar and the Paying Agent may deem and treat the registered owner hereof as the absolute owner for the purpose of receiving payment of or on account of principal hereof, premium, if any, and interest due hereon and for all other purposes, and the County, the Registrar and the Paying Agent shall not be affected by any notice to the contrary.

And It Is Hereby Certified and Recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa, to exist, to be had, to be done or to be performed precedent to and in the issue of this Note were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the County for the payment of the principal of and interest on this Note as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the County are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of the County, including this Note, does not exceed any constitutional or statutory limitations.

In Testimony Whereof, Johnson County, Iowa, by its Board of Supervisors, has caused this Note to be sealed with its official seal, to be executed by its Chairperson and attested by its County Auditor, all the ____ day of March, 2002.

JOHNSON COUNTY, IOWA

By_______________________________

Chairperson, Board of Supervisors

Attest:

_____________________________________

County Auditor

(Seal)

ASSIGNMENT

For valuable consideration, receipt of which is hereby acknowledged, the undersigned assigns this Note to

________________________________________________________________________

(Please print or type name and address of Assignee)

 

______________________________________

PLEASE INSERT SOCIAL SECURITY OR OTHER

IDENTIFYING NUMBER OF ASSIGNEE

and does hereby irrevocably appoint ________________________________, Attorney, to transfer this Note on the books kept for registration thereof with full power of substitution.

Dated: _______________________

Signature guaranteed:

____________________________________

____________________________________

____________________________________

____________________________________

NOTICE: The signature to this Assignment must correspond with the name of the registered owner as it appears on this Note in every particular, without alteration or enlargement or any change whatever.

Section 4. The Note shall be executed as herein provided as soon after the adoption of this resolution as may be possible and thereupon shall be delivered to the Registrar for registration and delivery to the Lender, upon receipt of the loan proceeds, and all action heretofore taken in connection with the Loan Agreement is hereby ratified and confirmed in all respects.

Section 5. For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Note as the same become due, there is hereby ordered levied on all the taxable property in the County for the year while the Note is outstanding, a tax sufficient for that purpose, and in furtherance of this provision, but not in limitation thereof, there is hereby levied on all the taxable property in the County the following direct annual tax:

For collection in the fiscal year beginning July 1, 2002,

sufficient to produce the net annual sum of $910,648.

Section 6. A certified copy of this resolution shall be filed with the County Auditor, and said Auditor shall be and is hereby instructed to enter for collection and assess the tax hereby authorized. When annually entering such taxes for collection, the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the County and when collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the County and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the Note hereby authorized and for no other purpose whatsoever.

Section 7. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from current funds on hand in advance of taxes levied and when the taxes shall have been collected, reimbursement shall be made to such current funds to the sum thus advanced.

Section 8. All resolutions or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict.

Motion by Lehman, second by Harney, to approve Resolution 03-14-02-B6.

Motion by Neuzil, second by Lehman, to set the salary increases for the elected officials and non-bargaining management as follows: 3.25% for the County Attorney and County Auditor; 3.9% for the County Recorder, County Sheriff and County Treasurer; 6.5% for the Johnson County Board of Supervisors; and 3.0% for non-bargaining staff.

RESOLUTION 03-14-02-B1

ADOPTING THE FISCAL YEAR 2002-2003 COUNTY BUDGET

AND CERTIFICATE OF TAXES

Whereas, the Board of Supervisors conducted a public hearing on March 11, 2002 whereupon the proposed fiscal year 2002-2003 county budget was presented to the citizens of Johnson County; and

Whereas, the citizens of Johnson County were invited to comment on the proposed fiscal year 2002-2003 county budget, as duly published in the official publications of Johnson County; and

Whereas, the Board of Supervisors appreciates the attendance at the public hearings and the comments from citizens who spoke at the public hearings, and encourages all citizens to be informed and participate in county government; and

Whereas, the Board of Supervisors has carefully taken into consideration the opinions expressed at the public hearing.

Therefore, be it resolved that the fiscal year 2002-2003 county budget and certificate of taxes is adopted as per the Proposed Johnson County Budget Summary for fiscal year 2002-2003.

Motion by Stutsman, second by Harney, to adopt Resolution 03-14-02-B1.

RESOLUTION 03-14-02-B2

DESIGNATING FUNDS TO BE TRANSFERRED FROM THE GENERAL BASIC FUND TO THE CAPITAL EXPENDITURE FUND IN THE FY03 BUDGET

Whereas, $202,470 is budgeted to be transferred from the General Basic Fund to the Capital Expenditure Fund during the 2001-2002 fiscal year; and

Whereas, $13,272 has been earned from interest revenue in the Capital Expenditure Fund and;

Whereas, the Board of Supervisors desires to designate these amounts for specific capital expenditure projects; and

Whereas, expenditures for these projects will be made from the Capital Expenditure Fund.

Therefore be it resolved that the $202,470 budgeted to be transferred from the General Basic Fund to the Capital Expenditure Fund during the 2002-2003 fiscal year be designated as follows:

$202,470 in additional funding designated as follows;

Dept. 01- Ambulance. $14,000 for ambulance purchase

Dept. 07- Information Services. $18,000 for vehicle

Dept. 08- Sheriff. $150,470 for patrol car replacement

Dept. 12- SEATS. $20,000 for match to purchase vehicle

Motion by Lehman, second by Neuzil, to approve Resolution 03-14-02-B2.

RESOLUTION 03-14-02-B3

DESIGNATING FUNDS TO BE TRANSFERRED FROM THE GENERAL BASIC FUND TO THE CAPITAL PROJECTS FUND IN THE FY03 BUDGET

Whereas, $312,000 is budgeted to be transferred from the General Basic Fund to the Capital Projects Fund during the 2001-2002 fiscal year; and

Whereas, $105,092 has been earned from interest revenue in the Capital Projects Fund; and

Whereas, the Board of Supervisors desires to designate these amounts for specific capital projects; and

Whereas, expenditures for these projects will be made from the Capital Projects Fund.

Therefore be it resolved that the $312,000 budgeted to be transferred from the General Basic Fund to the Capital Projects Fund during the 2002-2003 fiscal year be designated as follows:

$312,000 in additional funding designated as follows: $152,500 for Mall Drive payment, $10,000 in appraisal services, and $149,500 for land acquisition.

Motion by Harney, second by Stutsman, to approve Resolution 03-14-02-B3.

RESOLUTION 03-14-02-B4

DESIGNATING FUNDS TO BE TRANSFERRED FROM THE GENERAL BASIC FUND TO THE TECHNOLOGY FUND IN THE FY03 BUDGET

Whereas, $825,112 is budgeted to be transferred from the General Basic Fund to the Technology Fund during the 2002-2003 fiscal year; and

Whereas, $9,909 has been earned from interest revenue in the Technology Fund; 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 $825,112 budgeted to be transferred from the General Basic Fund to the Technology Fund during the 2002-2003 fiscal year be designated as follows:

$124,195 for computer technology maintenance contracts;

$613,024 for central computer technology as follows:

Central computer technology for Information Services, $338,224;

GIS, $124,800

New financial software, $150,000

$62,118 for document management projects

$25,775 for computer technology purchases for the following departments:

Dept. 03-Auditor/Accounting, $4,275;

Dept. 04-Public Health, $1,500;

Dept. 06-Human Resources, $1,480;

Dept. 07-Information Services, $6,000;

Dept. 12-SEATS, $1,900;

Dept. 19-Planning and Zoning, $400;

Dept. 33-Auditor/Elections, $10,200;

Motion by Lehman, second by Neuzil, to approve Resolution 03-14-02-B4.

RESOLUTION 03-14-02-01

RESOLUTION SETTING PUBLIC HEARING ON PROPOSAL TO DISPOSE OF REAL PROPERTY LOCATED AT 818 SOUTH VAN BUREN STREET IN IOWA CITY

Whereas, Johnson County has acquired a tax deed to real property located at 818 South Van Buren Street, Iowa City, Iowa; and

Whereas, the real property consists of a 6,600 square foot lot with a one-story frame 798 square foot house built in 1900; and

Whereas, the Johnson County Board of Supervisors has determined to dispose of the real property by offering it for sale through a sealed bidding process, reserving the right to reject all bids; and

Whereas, offering the real property for sale through sealed bids and reserving the right to reject all bids will be the best method to dispose of it.

Therefore, Be It Resolved by the Johnson County Board of Supervisors that disposing of the real property located at 818 South Van Buren Street in Iowa City, Iowa, is deemed necessary; and

Be It Further Resolved that the plans for selling the real property are set out in the Proposed Plan for Disposal of Real Property Located at 818 South Van Buren Street in Iowa City and 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 offer the real property for sale by sealed bids due by 10:00 a.m. the 24th day of April, 2002; and

Be It Further Resolved that in accordance with Section 331.361 of the 2001 Code of Iowa, a public hearing on said proposed plan to sell the buildings by sealed bid is set for the 28th day of March, 2002, at 9:15 a.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.

Motion by Harney, second by Neuzil, to approve Resolution 03-14-02-01.

Motion by Stutsman, second by Harney, to approve and authorize the Chairperson to sign the following contracts for right-of-way acquisition for grade, drain, and pave project on Mehaffey Bridge Road/180th Street (Johnson County project STP-S-C052(56)--5E-52): Right-of-way contract with Helen K. Sovers, for $3,410.00; Right-of-way contract with Charles G. Geguzis and Kay L. Geguzis, for $1,885.00; Right-of-way contract with Gerald D. Price and Rhonda S. Price, for $1,990.00; Right-of-way contract with Dean Alan Colton and Sheila Barron Colton, for $3,705.00; Right-of-way contract with Gregory E. Darrow and Sue A. Kohl, for $2,500.00; Right-of-way contract with Leanna Crutchfield, for $1,150.00; Right-of-way contract with Leanna Crutchfield, as Executor of the Bernard D. Crutchfield Estate, for $1,150.00; Right-of-way contract with Edward P. LaPointe and Betty A. LaPointe, for $3,100.00; Right-of-way contract with Angela E. Truemper, for $2,800.00; Right-of-way contract with Paul Stahle and Mary Stahle, for $7,090.00; Right-of-way contract with Donald L. Epley and Yvonne M. Epley, for $9,620.00; Right-of-way contract with Timothy S. Bell and Brenda L. Bell, for $2,300.00; Right-of-way contract with Steve A. Reicks and Tamara J. Reicks, for $1,700.00; and Right-of-way contract with Joseph C. Rasmussen and Martha L. Rasmussen, for $4,670.00.

Motion by Harney, second by Stutsman, to approve and authorize the Chairperson to sign the Johnson County Secondary Roads Five-year Construction Program and future projects list.

Motion by Stutsman, second by Lehman, to participate in the redesign studies set out by the Iowa State Association of Counties Mental Health/Developmental Disabilities Redesign studies and pay a fee of $300.00.

Motion by Stutsman, second by Neuzil, to approve and authorize the Chairperson to sign the Iowa Department of Human Services Community Mental Health Center Affiliation.

Motion by Stutsman, second by Neuzil, to appoint Robert Crane to the Johnson County Integrated Roadside Vegetation Management Committee for an unexpired term ending June 30, 2003.

Motion by Neuzil, second by Lehman, to appoint Mark Bulechek to the Johnson County Courthouse Security Committee.

RESOLUTION 03-14-02-Z1

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on March 11, 2002, 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 11th day of April, 2002 at 6:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: Z02001 (Oakes), S01041 (Scott), S02002 (Barta c/o Jefferson/Monroe Volunteer Fire Department), and S02004 (Gegenheimer).

2. That the Johnson County Auditor be authorized to publish the official notice of the above public hearing.

Motion by Stutsman, second by Lehman, to approve Resolution 03-14-02-Z1.

Convened Public Hearing on Zoning, Platting, and Zoning Ordinance Amendment applications at 6:02 p.m.

Application Z01016 of Jefferson/Monroe Fire Department c/o Ken Barta, Swisher, Iowa, signed by Ken Barta, requesting rezoning of 2.07 acres from A1-Rural District to M1-Light Industrial District of certain property described as being in the NE 1/4 of Section 8, Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located in the SE corner of the 120th Street NW and Marak Road NW intersection in Jefferson Twp.).

Mark Stein of MMS Consultants was present to answer questions.

Motion by Harney, second by Neuzil, to waive the requirement of three considerations before amending an ordinance and to approve Application Z01016 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Thompson, Lehman, Harney.

Application S01004 of Alva Gingerich Jr., signed by Doug Frederick, requesting preliminary and final plat approval of Tom’s Addition, a subdivision described as being located in the SW 1/4 of the SE 1/4 and the SE 1/4 of the SW 1/4, all in Section 9, Township 78 North, Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 1-Lot, 4.0-acre, farmstead split, located on the north side of 500th Street SW, approximately 1/2 mile west of Derby Avenue SW in Washington Twp.).

Michael Brenneman was present to answer questions.

RESOLUTION 03-14-02-Z2

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF TOM’S ADDITION, JOHNSON COUNTY, IOWA

Whereas, the owner has filed application S01004 for approval of a preliminary and final plat of Tom’s Addition, 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: Owner Certificate; Acquisition Plat; Title Opinion; Treasurer’s Certificate; Subdivider's Agreement; Easement for Public Highway; Exhibit "A"; Exhibit "B"; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Lehman, to approve Resolution 03-14-02-Z2.

Application S02001 of Stanley E. Stutzman, Kalona, Iowa, requesting final plat approval of Terrace Acres, Part Four (A Resubdivision of Lot 6 Terrace Acres, Part Three), a subdivision described as being located in the NE 1/4 of the SE 1/4 of Section 11, Township 78 North, Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 19-lot subdivision, containing 11-residential and 8-outlots, 46.36 acre, residential subdivision, located on the west side of Cosgrove Road SW, approximately one thousand feet north of its intersection with 500th Street SW in Washington Twp.).

Thompson asked if this would mean there wouldn't be any further development on the road until it is improved. Swartzendruber agreed. Stanley E. Stutzman was present to answer questions. Assistant Planning and Zoning Administrator R.J. Moore said this is one of the first developments under the Land Use Plan for the villages. He said this is a great example of a subdivision with shared wells and wastewater systems. Harney said this is a prime example of what the Board encourages in smaller communities in the county.

RESOLUTION 03-14-02-Z3

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF TERRACE ACRES, PART FOUR, JOHNSON COUNTY, IOWA

Whereas, the owner has filed application S02001 for approval of a preliminary and final plat of Terrace Acres, Part Four, 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: Owner Certificate; Title Opinion; Treasurer’s Certificate; Subdivider's Agreement; Fence Agreement; Wastewater Management Plan; Road Maintenance Agreement; Soil Erosion and Sediment Control Plan; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Harney, to approve Resolution 03-14-02-Z3.

An ordinance amending Chapter 8:1.22.V.10 Road Performance Standards, by enacting additional provisions to, and by repealing any ordinances and parts of ordinances in conflict herewith

Add a new sentence to the final unnumbered paragraph of Article 8:1.22.V.10 which reads "A proposed subdivision or re-subdivision of a parcel of land that does not create any additional buildable lots is exempt from this article."

Moore said this proposal would allow subdividing off agricultural land where no new buildable lot is created. Lehman asked if this will address when landowners want to trade a lot for a new lot. Moore said he believes it will.

Motion by Lehman, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve an ordinance amending Chapter 8:1.22.V.10 Road Performance Standards, by enacting additional provisions to, and by repealing any ordinances and parts of ordinances in conflict herewith: Add a new sentence to the final unnumbered paragraph of Article 8:1.22.V.10 which reads "A proposed subdivision or re-subdivision of a parcel of land that does not create any additional buildable lots is exempt from this article." Roll call: aye: Neuzil, Stutsman, Thompson, Lehman, Harney.

Public Hearing closed and meeting adjourned to informal meeting at 6:22 p.m.

/s/Carol Thompson, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary

These minutes were sent for publication on March 21, 2002 and for formal approval on March 28, 2002.