Chairperson Harney called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:15 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 Neuzil, second by Stutsman, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.

Motion by Stutsman, second by Thompson, to approve the minutes of the formal meetings of January 2, 2003.

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

Motion by Lehman, second by Stutsman, to accept the Recorder’s Report of Fees Collected for the month of November, 2002, in the amount of $140,140.86, as submitted by County Recorder Kimberly Painter.

Motion by Stutsman, second by Thompson, to accept the County Auditor’s Quarterly Report of Fees Collected for the quarter ending December 31, 2002, in the amount of $8,876.70, as submitted by County Auditor Tom Slockett.

Convened Public Hearing on the proposal to attach a portion of Johnson County to the Poweshiek Water Association Rural Water District at 5:20 p.m.

Poweshiek Water Association representatives Clint Van Zee, Sally Lovig, and Brent Earley spoke for the proposal to attach a portion of Johnson County to the Poweshiek Water Association Rural Water District. Van Zee explained the rural water district is a public body that functions similar to a co-op. Any rural water customer is a voting member and there is a 9-member board to govern the Association. Van Zee said the district has existed for well over 20 years. He said construction costs are primarily funded by US Department of Agriculture, Rural Development, which was formerly the Farm Home Administration. Those construction costs are paid for and retired by water revenue bonds.

Van Zee noted a petition for the attachment had been filed with the Board of Supervisors from at least 30% of the owners of property within the proposed expansion of the service area, an area primarily in Monroe Township, west of Plum Creek and north of the Iowa River. He added that this service would enhance fire protection by providing water for fire trucks, though not at the volumes available in cities. Lovig said they are looking at construction in Iowa and Johnson Counties, provided that the attachment is approved. Construction would start in late summer or early fall if the mandated easements are acquired and the archeological and environmental surveys are completed.

Stutsman asked if this is voluntary. Lovig said yes, although they may seek easements on properties choosing not to hook on, to reach other residents. Stutsman asked if residents can sign up later. Lovig said yes, but it is more costly. Stutsman asked if the 9-member board is geographically spread. Lovig said, yes, at this point. Lehman asked about hookups for livestock water. Lovig said additional hookups for agricultural use may be made at a reduced rate. Lehman asked about water supply. Lovig and Van Zee said the Association’s water comes from 11 alluvial wells near Tama, and they are also now purchasing water from the City of Cedar Rapids. Harney asked who maintains the water lines. Lovig said they maintain them up to the meter pit at which point it is the homeowner’s responsibility. Harney asked what happens when there is a break in a main water line. Lovig and Van Zee said they have interconnects with the City of Grinnell and also with the Central Iowa Water Association to allow possible purchase. Lovig said within their own system they can shut valves to part of it and reroute water to continue service. Lehman asked if they excavate or bore. Earley said they trench and bore, depending on the line and geographical location.

No one from the public was present to speak for or against the proposal.

Assistant County Attorney Andy Chappell suggested the Board wait a week to vote, in order to review a resolution presented by Van Zee. Chappell said there is language in the resolution as to the Board’s responsibility after the public hearing, to determine whether adding the area to the Poweshiek Water Association Rural Water District is reasonably necessary for the public health, convenience, and comfort, and may benefit fire protection of the residents. If that is the case, they may approve the attachment. Chappell said people were allowed to submit comments in writing up until the time of the public hearing. No comments were submitted.

Public Hearing closed at 5:38 p.m.

Motion by Thompson, second by Stutsman, to terminate the agreement with Environmental Excess to remove and dispose of deer killed on Johnson County Secondary Roads, for the period from January 1, 2003 through December 31, 2003 and to award the contract to Reasonable Rates. Roll call: aye: Stutsman, Harney, Lehman, Thompson; nay: Neuzil.

Motion by Stutsman, second by Lehman, to approve and authorize the Chairperson to sign contracts with the following Mental Health/Developmental Disabilities Services Provider Agencies: The ARC of Johnson County, Goodwill Industries, Mayor’s Youth Employment Program, Mid-Eastern Iowa Community Mental Health Center, and Systems Unlimited.

Motion by Thompson, second by Neuzil, to approve and authorize the Chairperson to send Jill Wenger a letter of appreciation and certificate for serving on the Johnson County Integrated Roadside Vegetation Management Committee.

Convened Public Hearing on FY 2003 budget amendment at 5:52 p.m.

Budget Coordinator Jeff Horne presented the proposed Fiscal Year 2003 budget amendments.

Thompson asked for explanation on why the Sheriff needs an amendment. County Sheriff Bob Carpenter said he doesn't have the money in his budget to take care of any excess costs over $370,000 for jail alternatives and may need the money at the end of the year. Neuzil said he agrees with Carpenter filing a budget amendment now because the Board doesn’t anticipate doing more than one budget amendment this year. Thompson said she was thinking that the Sheriff could use money from vacant staff positions. Carpenter said he intends on hiring and has 6 months of funds for one officer and 10 months of funds for another. Carpenter said he doesn’t have the money and doesn't have any other place to cut other than wages.

Whereas, the Board of Supervisors has held a public hearing pursuant to Chapter 331, Code of Iowa, to amend the fiscal year 2002-2003 County Budget; and

Whereas, the explanation of changes is as follows:

Expenditures increased for:

• Public Safety service area for assistant director salary ($40,058)
• Public Safety service area for jail alternatives ($90,000)
• Interprogram Services service area for Cost of Jail Task Force ($67,000)
• Interprogram Services service area for Fisher Building Property Taxes ($7,311)
• Interprogram Services service area for change in employee flexible benefit plan administration ($70,000)
• Public Safety service area for census adjustment to Haz-Mat payment ($2,305)
• Capital Projects service area for prior year Conservation adjustment ($6,960)
• Capital Projects service area for Fiber Optic project with Iowa City ($46,849)
• Capital Projects service area for Planning & Zoning document management ($1,000)
• Capital Projects service area for SEATS vehicle purchase from Washington County ($1,000)
• Public Safety service area for FY 2002 donations to Juvenile Crime Prevention ($7,054)
• Public Safety service area for LLEBG Grant for Law Enforcement Proceeds ($125,000)
• Capital Projects service area for payoff of Mall Drive Property ($700,000)
• Health & Education service area for payout of Adult Day Trust to Pathways ($4,600)
• Health & Education service area for adjustment to SIH Consortium Trust grant ($500)

Revenues increased for:

• Miscellaneous revenues for change in Employee flexible benefit plan administration ($57,700)
• Intergovernmental revenues for LLEBG Grant for Law Enforcement Proceeds ($125,000)
• Intergovernmental revenues for adjustment to SIH Consortium Trust grant ($1,000)

Whereas, after consideration of all comments at said hearing the Board of Supervisors has determined that it will be necessary to amend the 2002-2003 budget; and

Whereas, the amendment does not increase taxes to be collected in the fiscal year ending June 30, 2003.

Therefore be it resolved that the following expenditures of the fiscal year 2002-2003 county budget be amended:

EXPENDITURES (by Service Area):

Public Safety service area increase by $264,417 to $9,602,398

Health & Education service area increase by $5,100 to $3,115,799

Interprogram Services service area increase by $144,311 to $4,825,354

Capital Projects service area increase by $755,809 to $3,345,501

REVENUES (by type):

Intergovernmental revenues increase by $126,000 to $14,934,997

Miscellaneous revenues increase by $57,700 to $1,126,542

Motion by Neuzil, second by Stutsman, to approve Resolution 01-09-03-B1

Whereas, the Board of Supervisors has held a public hearing pursuant to section 331.434(3), Code of Iowa, to amend the fiscal year 2002-2003 County Budget; and

Whereas, the explanation of changes is contained in Resolution 01-09-03-B1; and

Whereas, the amendment does not increase the taxes to be collected in the fiscal year ending June 30, 2003; and

Whereas, all comments from the public have been heard.

Therefore be it resolved that the following department appropriations be changed as follows:

DEPARTMENT EXPENDITURES (Service Area):

Dept. 01-Ambulance (Public Safety) increases $40,058 for ytd appropriation $1,363,380;

Dept. 08-Sheriff (Public Safety) increases $90,000 for ytd appropriation $4,388,111;

Dept. 18 Central Services (Interprogram Services) increases $144,311 for ytd appropriation $363,658;

Dept. 20 Block Grants (Public Safety) increases $2,305 for ytd appropriation $94,985;

Dept. 24 Conservation (Capital Projects) increases $6,960 for ytd appropriation $11,525;

Dept. 40 Technology (Capital Projects) increases $47,849 for ytd appropriation $707,408;

Dept. 44 Capital Expenditures (Capital Projects) increases $1,000 for ytd appropriation $209,590;

Dept. 54 Juvenile Crime Prevention Grant (Public Safety) increases $7,054 for ytd appropriation $177,271;

Dept. 68 Law Enforcement Proceeds (Public Safety) increases $125,000 for ytd appropriation $200,000;

Dept. 85 Capital Projects (Capital Projects) increases $700,000 for ytd appropriation $998,250;

Dept. 86 Adult Day Trust (Health & Education) increases $4,600 for ytd appropriation $4,600;

Dept. 89 SIH Consortium Trust (Health & Education) increases $500 for ytd appropriation $1,500.

DEPARTMENT REVENUES (Type):

Dept. 18 Central Services (Miscellaneous) increases $57,700 for budgeted total of $60,364;

Dept. 68 Law Enforcement Proceeds (Intergovernmental) increases $125,000 for budgeted total of $200,000

Dept. 89 SIH Consortium Trust (Intergovernmental) increases $1,000 for budgeted total of $2,000.

Motion by Stutsman, second by Thompson, to approve Resolution 01-09-03-B2.

Public Hearing closed at 6:10 p.m. and reconvened Public Hearing of August 8, 2002 on Zoning Application Z02007.

Application Z02007 of Lois Wingate, Iowa City, Iowa, signed by Kristin Wingate, requesting rezoning of 11.35 acres from A1 Rural and RS Suburban Residential to RS-5 Suburban Residential of certain property described as being in the SE 1/4 of Section 23, Township 79 North, Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of Rohret Road SW, approximately 1.0 mile west of its intersection with Landon Avenue SW in Union Twp.).

Harney asked if the driveway issue was resolved. Glen Meisner of MMS Consultants Inc. said yes.

Motion by Stutsman, second by Thompson, to waive the requirement of three considerations before amending an ordinance and to approve Application Z02007 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Harney, Lehman, Thompson.

Public Hearing closed at 6:13 p.m.

Application S9917 of Mark Kennedy requesting preliminary plat approval of Kennedy Subdivision, a subdivision described as being located in the North 1/2 of the North 1/2 of the NE 1/4 of Section 32; Township 79 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 7-lot (4 residential lots and 3 outlots), 40.2 acre, residential subdivision, located on the south side of Osage Street SW, and the west side of Dane Road SW at their intersection in West Lucas Twp.)

Whereas, the owner has filed application S9917 for approval of a preliminary plat of Kennedy 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.

Motion by Thompson, second by Lehman, to approve Resolution 01-09-03-Z1.

Application S02040 of Raymond Brannaman, Lisbon, Iowa, requesting preliminary and final plat approval of Brannaman’s North Addition, a subdivision described as being located in the NE 1/4 of Section 11, Township 81 North, Range 5 West of the 5th P.M., in Johnson County, Iowa (This is a 3-lot, 11.68 acre Residential Subdivision. Located on the northwest side of White Oak Avenue NE, approximately 200 feet south of its intersection with White Oak Court NE in Cedar Twp.).

Whereas, the owner has filed application S02040 for approval of a preliminary and final plat of Brannaman’s North 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; Title Opinion; Treasurer Certificate; Subdivider’s Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Thompson, to approve Resolution 01-09-03-Z2.

Convened Public Hearing on Zoning and Platting applications at 6:20 p.m.

Application Z02016 of Neal A. Borntrager, Kalona, Iowa, requesting rezoning of 1.86 acres from A1-Rural District to M2-Heavy Industrial District of certain property described as Lot 3 of Farmers Henhouse Subdivision being in the SW 1/4 of the SE 1/4 of Section 14; Township 78 North; Range 8 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the north side of 520th Street SW, approximately 1/3 mile west of its intersection with Cosgrove Road SW in Washington Twp.).

Glen Meisner of MMS Consultants Inc. spoke for the application. Lehman asked if the waste products are solid. Meisner said he wasn't sure but they were working with the DNR.

Motion by Stutsman, second by Lehman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z02016 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Harney, Lehman, Thompson.

Application Z02017 of Geneva Wieland, Lone Tree, Iowa signed by Tom Anthony of Landmark Surveying & Engineering, requesting rezoning of 1.53 acres from RS20-Suburban Residential District to RS-Suburban Residential District and 19.07 acres from RS20-Suburban Residential District to A1-Rural District of certain property described as being in the NE 1/4 of the NE 1/4 of Section 20; Township 77 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of 640th Street SE, in the SW Quadrant of its intersection with Utah Avenue SE in Fremont Twp.).

Tom Anthony of Landmark Surveying and Engineering Inc. spoke for the application. Stutsman asked if this worked out well. Anthony said no, there were a lot of hurdles and loopholes, but they are getting there. Lehman asked if they are creating another place to build a home. Moore said no. Anthony said applicant Geneva Wieland has requested a waiver of fees for the rezoning. It was discussed that the question of waiving the fees for the rezoning could be put on the agenda when the applicant’s platting application will be discussed.

Motion by Thompson, second by Neuzil, to waive the requirement of three considerations before amending an ordinance and to approve Application Z02017 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Harney, Lehman, Thompson.

Application S02044 of Joanne Brant, Tiffin, Iowa, requesting preliminary and final plat approval of Brant’s Second Subdivision, a subdivision described as being located in the NW 1/4, of the NW 1/4 of Section 16, Township 80 North, Range 7 West of the 5th P.M., in Johnson County, Iowa (This is a 1-lot, 5.14 acre, Farmstead Split. Located on the east side of Ireland Avenue NW approximately 800 feet south of its intersection with 260th Street NW in Madison Twp.).

Larry Brant and Joanne Brant were present to answer questions.

Whereas, the owner has filed application S02044 for approval of a preliminary and final plat of Brant’s Second Subdivision, a Farmstead Split 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; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Lehman, to approve Resolution 01-09-03-Z3.

Application S02053 of Edward Ulch, Solon, Iowa, requesting preliminary and final plat approval of Sunkist Dairy Farmstead, a subdivision described as being located in the SW 1/4, of Section 1; Township 81 North, Range 6 West of the 5th P.M., in Johnson County, Iowa (This is a 1-lot, 4.0 acre, Farmstead Split. Located on the East Side of Highway #1 NE, approximately 1000’ north of its intersection with 120th Street NE in Big Grove Twp.).

Stutsman asked what the purpose of this application is. Tom Anthony of Landmark Surveying and Engineering Inc. said they are splitting off the farm and keeping 4 acres.

Whereas, the owner has filed application S02053 for approval of a preliminary and final plat of Sunkist Dairy Farmstead, a Farmstead Split, 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: Dedication & Acknowledgment; Title Opinion; Treasurer’s Certificate; Subdivider's Agreement; Consent of Mortgagee; Access Easement Agreement; Covenant & Agreement as to Fences; Resolution Affirming the Stability of the Current Road System

Motion by Neuzil, second by Stutsman, to approve Resolution 01-09-03-Z4.

Application S02056 of Virginia Scott, Iowa City, Iowa, requesting preliminary and final plat approval of Long Lane Acres, a subdivision described as being located in the SW 1/4 of, the SE 1/4 of Section 11; Township 79 North; Range 7 West of the 5th P.M., in Johnson County, Iowa (This is a 1-lot, 11.28 acre, Farmstead Split. Located on the north side of IWV Road SW, approximately 1/2 mile west of its intersection with Hurt Road SW in Union Twp.).

Ralph Neuzil spoke for the application. Stutsman asked what happens to the front part of the lot. Scott said they will continue to farm it. Moore said it will be zoned A1, but livestock will be limited due to the size of the parcel. Lehman said this property will be taxed higher because it will be taxed as residential.

Whereas, the owner has filed application S02056 for approval of a preliminary and final plat of Long Lane Acres, a Farmstead Split, 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; Covenant for Shared Well & Watermain; Easement & Access Easement; Covenant for Access Easement; Acquisition Easement Document; Fence Agreement; Acquisition Plat; Covenant for Fences; Resolution Affirming the Stability of the Current Road System

Motion by Thompson, second by Stutsman, to approve Resolution 01-09-03-Z5. Roll call: aye: Stutsman, Harney, Lehman, Thompson; abstain: Neuzil.

Application S02058 of Terry McAtee, Solon, Iowa, requesting preliminary and final plat approval of McAtee Acres, a subdivision described as being located in the E 1/2 of Section 34; Township 81 North; Range 5 West of the 5th P.M., in Johnson County Iowa (This is a 1-lot, 4.09 acre, Farmstead Split. Located on the East Side of Vincent Avenue NE, approximately 1/4 mile north of its intersection with 210th Street NE in Cedar Twp.).

Tom Pence spoke for the application.

Whereas, the owner has filed application S02058 for approval of a preliminary and final plat of McAtee Acres, a Farmstead Split 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; City Council Approval from Swisher; Consent of Mortgagee; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Neuzil, second by Lehman, to approve Resolution 01-09-03-Z6.

Application S02060 of Judy Morrison, Oxford, Iowa, signed by Doug Frederick of Hart-Frederick Consultants requesting preliminary and final plat approval of Seven Feathers Second Addition, a subdivision described as being located in the NW 1/4, of the NW 1/4 of Section 14; Township 80 North; Range 8 West of the 5th P.M., in Johnson County, Iowa. A resubdivision of Lot 1 & 3 of Seven Feathers Subdivision (This is a 2-lot, 18.80 acre, Residential Subdivision. Located on the East Side of Eagle Avenue NW, approximately 1 mile north of Highway #6 in Oxford Twp.).

Doug Frederick of Hart-Frederick Consultants was present to answer questions.

Whereas, the owner has filed application S02060 for approval of a preliminary and final plat of Seven Feathers Second 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; Title Opinion; Treasurer’s Certificate; Subdivider's Agreement; Consent of Mortgagee; Access Easement Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lehman, second by Stutsman, to approve Resolution 01-09-03-Z7.

Application S02061 of Troy Liddell, Tiffin, Iowa, requesting preliminary and final plat approval of Liddell Acres, a subdivision described as being located in the SW 1/4 of Section 15; Township 80 North; Range 7 West of the 5th P.M., in Johnson County, Iowa (This is a 1-lot, 2.20 acre, Farmstead Split. Located on the south side of 270th Street NW, approximately 1/4 mile east of its intersection with James Avenue NW in Madison Twp.).

Glen Meisner of MMS Consultants, Inc. was present to answer questions.

Whereas, the owner has filed application S02061 for approval of a preliminary and final plat of Liddell Acres, a Farmstead Split 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; Consent of Mortgagee; Covenant for Fences; Resolution Affirming the Stability of the Current Road System

Motion by Lehman, second by Stutsman, to approve Resolution 01-09-03-Z8.

Public Hearing closed and meeting adjourned to informal meeting at 7:00 p.m.

/s/ Pat Harney, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary

These minutes were sent for publication and formal approval on January 16, 2003.

Sent to the Board of Supervisors on January 14, 2003 at 8:45 a.m.