JOHNSON COUNTY IOWA BOARD OF SUPERVISORS MEETING

AGENDA WEDNESDAY, SEPTEMBER 23, 2020

9:00 AM

Second Floor Boardroom Work Session 9:00 AM

JOHNSON COUNTY ADMINISTRATION BUILDING 913 SOUTH DUBUQUE STREET

IOWA CITY, IA 52240

PHONE: 319-356-6000 www.JOHNSONCOUNTYIOWA.gov

www.JOHNSONCOUNTYIA.IQM2.com

Johnson County Iowa Published: 9/21/2020 12:45 PM Page 1

MEETINGS OF THE BOARD OF SUPERVISORS

Location

Meetings are generally held in the Johnson County Administration Building Second Floor Boardroom, 913 South Dubuque Street, Iowa City, Iowa 52240. However, meeting locations do vary. Please view each agenda to confirm the correct location.

Agenda Packets

To be in compliance with Iowa Code Section 21.4, Board of Supervisors meeting agendas are posted on the bulletin board outside the Board Office a minimum of 24 hours prior to the scheduled meeting. After such time has passed, the posted agenda will not change; however, agenda packet attachments may be modified or added until the start of the meeting.

Order of Discussion

Board members reserve the right to move items from the order listed on the agenda. A person may address matters not on the agenda during the “Public Inquiries and Reports” item. Please be aware that the Board is limited in their ability to respond to such inquiries and the Iowa Code prohibits the Board from deliberating or acting on items not appearing on the agenda.

Additional Information

Supplemental documents to agenda items are public record and are attached to the online agenda packet, with the exception of those corresponding to executive sessions. Minutes of formal meetings are published in accordance with the Iowa Code.

The Board of Supervisors’ regular weekly formal and informal meetings are recorded and televised on Cable Television City Channel 4 and can be viewed via webcast on www.johnsoncountyia.iqm2.com. Assistance will be provided to those requiring accommodations for disabilities, in compliance with the Americans with Disabilities Act of 1990. Please request accommodations in advance by contacting the Administrative Assistant to the Board at 319-356-6000.

Johnson County, Iowa

Elected Officials

Chairperson Rod Sullivan Vice Chairperson Pat Heiden

Supervisor Lisa Green-Douglass Supervisor Royceann Porter

Supervisor Janelle Rettig

Attorney Janet Lyness Auditor Travis Weipert Recorder Kim Painter

Sheriff Lonny Pulkrabek Treasurer Tom Kriz

County Departments

Ambulance Conservation

County Assessor County Case Management Emergency Management

Finance Human Resources

Information Technology Iowa City Assessor Medical Examiner

Mental Health/Disability Services Physical Plant

Planning, Development & Sustainability Public Health

SEATS Secondary Roads

Social Services Veterans Affairs

Agenda Board of Supervisors Wednesday, September 23, 2020

Johnson County Iowa Published: 9/21/2020 12:45 PM Page 2

WORK SESSION - AGENDA

An electronic meeting is being held because a meeting in person is impossible or

impractical due to concerns for the health and safety of members of the public,

staff, and the Board presented by COVID-19. Members of the public are

encouraged to join this meeting in one of two ways. You may use your computer

to listen to or view the live meeting through an internet connection by entering

johnsoncountyia.iqm2.com into your browser, or join telephonically by dialing

(319) 688-8013 five minutes prior to, or during, the meeting to join via conference

call. Public comments related to any item on the meeting agenda may also be

emailed to sups@johnsoncountyiowa.gov or relayed via telephone at (319) 356-

6000 for distribution to Board members before or during this meeting.

A. CALL TO ORDER: 9:00 AM

B. PUBLIC COMMENT FOR TOPICS NOT ON AGENDA (limit comments to 3 minutes)

C. WORK SESSION BUSINESS

1. Discuss recommendation from the ad hoc Eponym Committee for a new eponym for Johnson County

2. Discuss Farm Bureau correspondence dated September 21, 2020 regarding Unified Development Ordinance compliance with House File 2512

3. Discuss Change Order #01 with LaGrange, Inc. in the amount of $4,627.24 for Clear Creek Watershed Improvement Project, Bid Package 1, Division 11

4. Discuss Johnson County Armory and Veterans Memorial Expansion, phase 4

5. Discuss expanding the County's telephone line capacity

6. Discuss an agreement with Eide Bailly to prepare cost reports for the Ground Emergency Medical Transportation (GEMT) Program

7. Discuss fiscal year 2022 budget schedule

8. Discuss non-bargaining appeals job re-evaluation recommendations

9. Discuss County response to COVID-19 pandemic

10. Discuss operational issues of the Board of Supervisors Office

Agenda Board of Supervisors Wednesday, September 23, 2020

Johnson County Iowa Published: 9/21/2020 12:45 PM Page 3

D. EVALUATION AND GOAL SETTING

Possible closed session, pursuant to Iowa Code Section 21.5(1)(i), to evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session

1. Ambulance Director

E. ADJOURNMENT

1

Lulu Merle Johnson

Dr. Lulu Merle Johnson’s experience, activism, and professional achievements represent the best of Iowa and the best of Johnson County. Her immediate and extended family had and continue to have long-time ties to Iowa City, the University of Iowa and to the state. The extended family includes one of Des Moines’ earliest Black settlers, Jefferson Logan, a recognized leader who fled slavery in Missouri for freedom in Iowa; a brother who preceded her in attending the University; a brother who served in WWI and a nephew who served in WWII; Fred “Duke” Slater, the first African American to play football in the Big 10; a nephew, the first African American varsity basketball player to play in Big 10 games (Culberson); and of course, her own accomplishment, the state’s first PhD earned by an African American woman, one of only a dozen in the entire nation.1 The family’s close network of friends included such well-known Iowa City figures as Phil Hubbard, Dr. William Lionel West, Helen and Allyn Lemme, Roy and Wilda Hester, Dr. and Mrs. Chester Ferguson and Betty Tate.2 Lulu’s farm-to-faculty experience exemplifies Johnson County’s unique contribution to the state: an opportunity for a world-class education as well as professional and occupational mobility. And because she was African American, her experience is particularly noteworthy for illuminating the significant challenges that Black Iowans and Black Iowa women in particular have faced in overcoming institutional racism and sexism, and discrimination.

Lulu Merle Johnson (9/14/07-10/19/95) was born into a successful farming family in the small southwestern Iowa town of Gravity, in Taylor County. They were the only Black family in their town for the first decades of the 20th century.3 Her father, Richard H. and his brother and her uncle, Henry, were both born in slavery in Tennessee, as were their parents, Adam and Martha; Lulu’s paternal great-grandparents could be traced along the domestic slave trade back to Virginia, the state from which so many enslaved people were forced west to states like Tennessee, Missouri, Kentucky, and Mississippi. This was a path that many of Iowa’s 19th century Black residents endured before the Civil War. Sometime between 1870 and 1880, Lulu’s uncle and father, along with their siblings and parents, left Tennessee and settled in in Knox County, Illinois. When the Johnson brothers married, left Illinois, and settled in Iowa, they became leading landowners in Taylor County; their father purchased for them about 160 acres of good farm land.4 Lulu’s father rented his farm out, and worked as a professional barber in his own shop, in a brick building which he owned.5 Her Uncle Henry, in addition to being a successful farmer, was also a rural letter carrier, assisted by his wife and his son.6 Lulu’s mother, Jemimah Jeannette (Nettie) Burton Johnson, was born in Illinois to the Reverend Henry C. Burton and Louisa Drake, both likely born in slavery in Kentucky, and who married just a year after the end of the war. Her mother’s family moved to Iowa in 1877, and back to Illinois by 1885, most likely following

1 Email correspondence with Dr. Johnson’s niece, Ms. Sonya Jackson, 8/31/2020. On Jefferson Logan, see Iowa State Bystander, 12/23/1904. 2 Ibid. 3 https://www.wikitree.com/wiki/Johnson-95735 (accessed 8/26/2020). 4 Iowa State Bystander, 9/2/1898, 5/22/1903. 5 Iowa State Bystander, 9/18/1914. 6 Iowa State Bystander, 8/21/1906.

C.1.a

Packet Pg. 4

2

Reverend Burton’s postings at churches in the area.7 Lulu’s immediate family were frequently the subject of newspaper articles in the state’s Black newspaper, the Iowa Bystander (to which the family subscribed); we learn, for example, that her first cousin, Mabel visited back and forth with friends and family in Clarinda’s Black community with regularity; that her cousin Fred Johnson attended national Negro Business League meetings, along with Iowa Bystander editor John L. Thompson.8 We also learn that Lulu’s sister Frances, Frances’s sister-in-law Gertrude Culberson, and Lulu’s cousin Mabel, were all active in the Iowa State Federation of Colored Women’s Clubs. Gertrude Culberson served as president of the Federation from 1906-1908.9

Lulu, her sister Frances and her cousin Mabel attended Gravity High School, but for her senior year, Lulu attended high school in Clinton, living with her older sister Frances who had married and moved there with her husband, Carl Culberson.10 Lulu was athletic, and captained her high school basketball team—they would have played 6 on 6, as was the Iowa tradition at the time. She graduated from Clinton High School in 1925, and entered the University of Iowa the same year.

Lulu’s brother Roscoe Irving preceded her in attending the State University of Iowa. In 1919, he entered, declaring pre-law as his interest.11 Following Lulu to the university was her nephew Bud Culberson, the first African American to be allowed to play varsity basketball at the university and in the Big 10. After transferring from Virginia Union, he played in 1944-45, despite the firm color line in varsity basketball at the time. He followed pre-dental as his academic area of study, and presided over the Negro Forum. He earned his BA in 1946.12

When Lulu Merle Johnson attended the University of Iowa, there were at least 64 Black students, most of them men (only 14 women). The school and the city were rigidly segregated, which Black students challenged at least as early as the 1920s, when they appealed to the Iowa NAACP to protest the institutional racism they encountered on a daily basis. Dormitories were reserved for whites, and Black students either boarded with Black families in Iowa City, worked part time as employees in white households, or, if they were young women, lived in the home established by the Iowa State Federation of Colored Women’s Club on Iowa Avenue. Funds to purchase the house were raised not only by Black clubwomen, but also by a large number of Iowa’s Black organizations, societies, and donors, who wanted to help smooth the path that Black women faced when they pursued their degrees at the University. By 1929, when Lulu would have lived in the “Federation home;” 17 of the 23 African American women attending the University then lived there.13 She might have taken some of her meals at the Black-owned Vivian’s Chicken Shack, where the great sculptor Elizabeth Catlett worked as a waitress while she earned her degree. She must also have known the great author Margaret Walker,

7 Henry C. Burton, 1880, 1900, 1920 Federal Census, Ancestry.com; Henry Burton, Kentucky Marriages, 1785-1979, Ancestry.com; Jeanette Johnson, 1915 Iowa State Census, Ancestry.com 8 Iowa State Bystander, 1/20/1921; 8/25/1916; 5/21/1915; 6/13/1913; 8/28/1908. 9 Denise Lynn Pate Spruill, “From the Tub to the Club: Black Women and Activism in the Midwest, 1890- 1920,” Dissertation, University of Iowa, 2018; Iowa Bystander, 7/6/1906, 5/30/1912. 10 Iowa State Bystander, 6/14/1907. 11 Iowa State Bystander, 10/31/1919. 12 https://hawkeyesports.com/news/2020/02/07/mens-basketball-an-iowa-1st-dick-culberson/ (Accessed 8/28/2020). 13 Richard M. Breaux, ""To the Uplift and Protection of Young Womanhood": African-American Women at Iowa's Private Colleges and the University of Iowa, 1878-1928," History of Education Quarterly 50, no. 2 (2010), p. 171.

C.1.a

Packet Pg. 5

3

who earned her MA while Lulu was attending the University.14 Many of Lulu’s classmates would have been active in women’s athletics, which was more open to Black participation than was men’s athletics. And many of the Black students became members of Black fraternities and sororities—Lulu herself joining the prestigious Alpha Kappa Alphas.15

A significant generation of activists and leaders secured their education at the University, despite its racist policies. Dr. Johnson was among many who pointedly challenged discrimination. She condemned the federal government for failing to hire African Americans in defense department jobs, and criticized segregation in the military. A political science professor Johnson and two other Black students took a course with assigned seating only to the white students; Lulu and her fellow Black students sat themselves in the front of the class, and made sure that their hands were the first ones raised whenever he posed a question. They always had the answer ready. While pursuing her graduate degree, Johnson and the other Black students were informed that they had to meet a swimming requirement in order to graduate. The school offered to just let them pass without taking the test, to avoid having Black students enter the pool. Johnson said no; she and the other Black students insisted on taking the swimming test. This made things very difficult for the white pool managers, who felt they had to drain the pool after any Black student entered it. The students made sure to schedule their tests at odd hours—so that the inconvenience of Jim Crow fell on the school, not just on the students. And, of course, it was a group of five Black women who finally forced the desegregation of the women’s dorms just five years after Lulu had earned her PhD.

Lulu was able to pursue her first advanced degree because she had taken so many more courses than she needed to as an undergraduate; she earned her M.A. the same year she earned her B.A. (1930), writing her Master’s Thesis on enslaved and free Afro-Canadians. She and another young woman, Mizura (Clement) Allen, were the first African Americans to earn the M.A. degree at the University. With her advanced degree in hand, Lulu took up a teaching position at Talledega College (1930-1931) and then at Tougaloo College (1931-1941).16 While holding her position at the latter, she returned to the University of Iowa to obtain her PhD—a bold dream from any African American woman in the United States at that time. Her parents had both passed by 1933, but she pursued her PhD with the financial assistance of the Rockefeller Foundation, which supported many Black students seeking higher education in the 1930s and 1940s.17 Her Ph.D. work focused on slavery in the Old Northwest, and she was among the first to demonstrate that the Northwest Ordinance was an ineffective buffer against slavery in that region. The study of slavery was a field then dominated by white scholars who portrayed slavery as beneficial to people of African descent, arguing that enslaved people were kindly treated. Lulu, whose grandparents had lived through slavery, took a new direction in her study—finding the history of slavery an important topic north of the Mason-Dixon line. The year she earned her degree, eight other African Americans—all men—also earned their PhD.s at the University of Iowa. At that time, only ten other African American women had earned PhDs in American universities. Her PhD., completed in 1941, could not earn her a teaching position in Iowa because Black teachers were not

14 Richard M. Breaux, “The New Negro Arts and Letters Movement Among Black Universities in the Midwest, 1914-1940,” Great Plains Quarterly, vol. 24, No. 3 (2004), 147-62. 15 Iowa Women’s Archives, University of Iowa, Finding Aid, Lulu Merle Johnson Papers, IWA0550. 16 “College and School News,” The Crisis, December 1941. 17 Johnson, Lulu Merle – GEB-N, G 10.2 (FA426), BOX 23, fellowships, fellowship recorder cards Rockefeller Foundation records.

C.1.a

Packet Pg. 6

4

hired. As a consequence, Dr. Johnson began a long and important career teaching in historically-Black institutions. In addition to her positions at Talladega and Tougaloo Colleges, she taught at Florida A & M Universit, and West Virginia State University, before joining Cheyney State University (Pennsylvania) as a history professor and as Dean of Women in 1952. She retired in 1971 to her home in Millsboro, Delaware, where she lived with her longtime partner, Eunice Johnson. They traveled the world together, frequently visited Eunice’s hometown in Philadelphia, and vacationed in Bar Harbor, Maine.18 Dr. Johnson passed away October 19, 1995, in Millsap, Delaware.

Co-authored by Sonya Jackson (Dr. Johnson’s niece) and Leslie A. Schwalm

18 Email correspondence with Dr. Johnson’s great-niece, Ms. Sonya Jackson, 8/31/2020.

C.1.a

Packet Pg. 7

1

Sylvanus Johnson, 1813-1902 “…he contributed liberally and cheerfully to the erection of every church built in Iowa City…” The Honey War - A War That Wasn’t In the summer of 1839 Territorial Governor Robert Lucas commissioned Sylvanus Johnson, of Jones County, Iowa, to muster volunteers to defend Iowa’s Southern border. Missouri was claiming land Iowans believed belonged to Iowa. Johnson set out by ox team from Anamosa, recruiting a militia on his way to Burlington. Arriving in Johnson County, he learned hostilities had ended. The only casualties in the conflict were a few trees Missouri poachers felled for their honey. A Useful Trade and an Architectural Legacy Iowa City then was little more than a collection of stakes marking the newly platted capitol city. Though broke, he was made welcome. It was fortunate for Sylvanus that his father taught him a trade much in demand on the frontier. Spring found him “… moulding with his own hands on April 15, 1840, the first brick made in Iowa City.”(1) Over the next 20 years Johnson would fire millions of bricks. His bricks built Plum Grove, home of Governor Robert and First Lady Friendly Lucas, now on the National Register of Historic Places. 60,000 of his bricks went into building our Old Capitol “…according to expense accounts the National Archives.”(2) On July 4, 1840, he played bass viol for a ceremony laying the capitol cornerstone. The William Bostick House at 115 N. Gilbert St., was the first brick house in Iowa City. The two-story home, built with Johnson’s bricks, was placed on the National Register of Historic Places in 1996. Triumphs and Travails He cornered the brick market in Johnson County “… as he was the only brick maker operating in Iowa City before 1856.”(3) His product was said to be good and his prices reasonable, resulting in near constant demand. “His business prospered under the intelligent, energetic supervision he gave and his fairness and integrity brought him wide reputation among the pioneers.”(4) After Iowa City incorporated in 1853, Johnson would become one of the first City Councilors. He served on the School Board and as a Justice of the Peace. He was a trustee of the Mechanics' Institute, precursor to the University of Iowa. Things did not always go smoothly for Sylvanus Johnson. “He met with an accident when but sixteen years of age that crippled him for life, the result of a dislocation of the right hip-joint, followed by white swelling”(5) better known today as tuberculosis.

C.1.b

Packet Pg. 8

2

Donating generously for the Iowa City Female Collegiate Institute, he suffered catastrophic financial losses when it failed to launch. In 1856 he bought 600 acres north of town and took up farming. As with Bostick House, Plum Grove, and the Old Capitol, the home he built at 2155 Prairie du Chien Road has been placed on the National Register of Historic Places. Ancestors and Descendants His grandfather Hezekiah Johnson (1732-1810) commanded a company of minute men during the Revolutionary War. He was in the Burgoyne campaign, and present at the surrender.(6) His father, Captain Hezekiah Johnson earned distinction in the War of 1812. Sylvanus was born while he was away engaged in the fighting. Sylvanus himself saw brief service a soldier for Iowa when peace broke out. Decades later he tried to take up arms in a “Gray Beard Regiment.” To his poignant regret, he was refused an opportunity face death in the fight against slavery, due to his physical disabilities. The American Legion Post in Coralville is named to honor a great grandson of Sylvanus Johnson. Walter Johnson was the first Coralville serviceperson killed in World War II. His daughter, Dr. Leora Johnson, graduated from the Homeopathic College of Medicine here in 1890. For many years here in Iowa City she would practice clinical anesthetics and the treatment of pediatric disease. Solon made her the “… first lady humane officer, or policewoman in the State of Iowa.”(7) An Honorable Life - A Worthy Eponym An obituary states in part “... Ther (sic) was a broad liberality in his religion, and it is said of him that he contributed liberally and cheerfully to the erection of every church built in Iowa City, even after the time of his removal to the country. In every sense of the word he was charitable. He remembered that he came to this city penniless and in debt and no case of suffering or need ever appealed in vain to him, nor did he wait for the appeal: if he knew that a man or woman or child needed aid he could give, that was enough …”(8) Let Johnson County rededicate itself to the memory of Sylvanus Johnson, a Johnson County pioneer we can be justly proud of. —Dan Daly __________________________ 1 Aurner, Charles R., Leading Events in Johnson County Iowa History, Vol. I, Western Historical Press, Cedar Rapids,

1912, page 39. 2 Keyes, Margaret, Old Capitol - Portrait of a Landmark, 1988, page 27. 3 Kennett, David H., Editorial: Brickmaking in Iowa City in the Nineteenth Century, British Brick Society Information,

No.114, October 2010, pages 2-5. 4 Springer, John, Iowa Historical Record, Vol. XVIII, No. 2, April, 1902, pages 449-56. 5 History of Johnson County, Iowa 1836 to 1882, page 853. 6 Mary Jane Seymour, Linage Book, National Society of the Daughters of the American Revolution, Vol. XI, 1900,

page 5. 7 Elizabeth Irish, Dr. Leora Johnson, Year Book of the Old Settlers’ Association, Johnson County, Iowa, 1915-16,

pages 27-8. 8 Death of a Pioneer, Iowa State Press, Wed. Jan 15, 1902, page 9.

C.1.b

Packet Pg. 9

September 21, 2020 Johnson County Board of Supervisors Johnson County Administration Building 913 S. Dubuque Street, Suite 201 Iowa City, IA 52240 Sent via email: sups@johnsoncountyiowa.gov RE: Unified Development Ordinance Compliance with House File 2512 Dear Board of Supervisors, This letter is submitted upon the recommendation of Josh Busard, the planning and development director, based upon his representation that the topic of whether the Unified Development Ordinance (UDO) should be amended to comply with House File 2512 may be placed on the agenda of a supervisor work session this week. We respectfully request the Board of Supervisors provide direction to the PDS staff to present amendments to the zoning commission to start the process of making it compliant with House File 2512. Because PDS staff has indicated their intent not to amend the UDO, it has created confusion in the rural area about whether Johnson County will comply with the state law. This letter describes our recent experiences with the PDS processes and summarizes the issues required to be amended to comply with House File 2512. During the Board’s gracious consideration of our petition for amendment in July and discussion during the public hearing on July 9, PDS staff discussed with the Board that UDO amendments to comply with House File 2512 and House File 2477 would be best addressed together in a subsequent proceeding rather than addressing them this past July. Some proposed language changes were not approved at the July meetings in part because of the stated preference of some of the supervisors for addressing compliance with both pieces of legislation at one time in a future proceeding. As one example, land enrolled in the conservation reserve program is now considered to be agricultural land and should be added to the definition of “agriculture.” Board members expressed their preference to consider these issues in a later amendment package rather than address them during their July meetings. Almost five hours into the September 14 Zoning Commission meeting, we learned that Mr. Busard is unwilling to submit amendments for consideration by the zoning commission for the UDO to be compliant with House File 2512 unless specifically directed to do so. He expressed that he would not proceed unless one of the following occurs: (1) the Board of Supervisors directs him to do so; (2) A petition for an amendment is filed and another $750 fee paid; or, (3) the Commission adds it to their agenda for a future meeting and develops their own language. When the Commission approved adding the issue to their next agenda for discussion, Mr. Busard’s response was to state his preference for letting him handle it with the supervisors rather than agreeing to add it to their agenda. His position was the impetus for this letter.

C.2.a

Packet Pg. 10

Johnson County Farm Bureau Letter to Supervisors 9.21.2020; Page 2 of 3

On or about August 6, the PDS staff posted the agenda for the Monday, August 10 Commission meeting. The agenda provided a deadline of 12 hours prior to the meeting or 5:30 a.m. on Monday morning to submit any materials to the staff for distribution to the Commission members. The agenda included an item for the zoning commission to consider amendments to the UDO to address House File 2477. The staff briefing memo to the Commission stated that all “necessary” amendments to address House File 2512 were already adopted in July.1 I emailed a comment letter the evening of August 9 ahead of their deadline. To the best of my knowledge, my letter was not distributed to the Commission until nearly the end of the 218-page packet for the September meeting. A copy of my letter commenting on the UDO amendments for House File 2477 and proposing additional changes to address House File 2512 is attached. The PDS process in this matter has been deeply flawed. PDS staff moved ahead with publication of the public hearing notice for their recommended changes on September 8 without first consulting the Commission regarding what should be publicly noticed for the hearing. At the September 14 Commission meeting, Mr. Busard told the Commission they were not allowed to consider our recommended changes because they were not included in the public notice. The Commission was also told they needed to move his recommended changes forward or ag experiences will continue to be prohibited in the county under his interpretation (against the plain meaning of the statute). Further conversation made clear that changes to bring the ordinance into compliance with House File 2512 would not be forthcoming from the PDS staff in the future. PDS staff also point to their changes in the ag exemption application as satisfying the legal requirements of House File 2512 rather than directly amending the ordinance. The application form is not Johnson County law and further, the form must conform to the ordinance rather than add or subtract requirements. The current application remains inconsistent with the ordinance. Once the UDO becomes compliant with Iowa law, the next step is to revise the problematic 8-page application form. The substance of our comment is included in the letter, but to summarize, three topics need to be addressed for the UDO to comply with House File 2512. First, all zoning exemption application requirements for agricultural buildings and structures need to be removed from section 8:1.3(B) of the ordinance because it can only apply to dwellings. As one example, The UDO currently requires “Applicants shall submit an application, on the form provided by the Zoning Administrator, for exemption prior to construction of any structure.” This application is prohibited by House File 2512. We propose changing “structure” to “dwelling” throughout section 8:1.3(B) to be consistent with current state law.

1 Interestingly, the stated basis for this opinion is that the provisions of House File 2512 are self-executing. While we agree that both House File 2477 and House File 2512 are currently effective, PDS staff’s positions on the two laws are inconsistent. The current UDO provisions require county approval for many ag experiences and require an application for ag structures to be exempt from the ordinance. Both new laws very clearly state that “A county shall not require…” with regard to both items. Yet, PDS staff has provided inconsistent opinions that ag experience activities are prohibited in the county until the UDO is amended, but that the same language in House File 2512 is self-executing. Both laws currently prohibit the county from requiring approval under the zoning ordinance and the county UDO should be amended to be consistent with the law.

C.2.a

Packet Pg. 11

Johnson County Farm Bureau Letter to Supervisors 9.21.2020; Page 3 of 3

Second, House File 2512 clarifies that land enrolled in a soil or water conservation program, such as the Conservation Reserve Program, qualifies as land used for an agricultural purpose. The current UDO does not include this land in the definition of agriculture and is therefore inconsistent with Iowa Code § 335.2, as amended. We recommend adding language to the definition of “agriculture” as a straight-forward way to qualify this type of land for the ag exemption from zoning. Finally, the requirement in the UDO which only considers a farmer’s agricultural uses on the parcel where a dwelling may be built, added to, remodeled or torn down, is inconsistent with the requirement that a farmer’s other agricultural uses should be considered when determining whether the exemption applies. We recommend continuing to require a resident being actively engaged in an exempt agricultural operation, but all their agricultural activities should be considered as a whole like the other subjective tests required in tier 2. We will leave the remainder of the comment letter to your reading except to say that there are unintended consequences to adding a requirement to require food from the farm location to be featured at the ag experience. Ag experiences are bigger universe of activities than a farm-to-table dinner or cooking class. Under the UDO, “field days” can only be held for “practitioners and researchers… to advance the art and science of the agricultural industry,” not for the education of the general public. What are commonly known as field days or open houses, where the general public is invited (like most Iowa State Extension conservation field days), qualify as an “ag experience” because they educate the public about agriculture, agricultural practices and activities. The sponsors of the field day or open house may want to include food or beverage service to accommodate the needs of the attendees, but by their nature, could not “feature food grown, raised or produced on site” as the focus of the day is the conservation or livestock management practice. Pragmatically prohibiting the provision of food and/or beverage at a field day or open house is an unintended consequence of what was well-intentioned. We recommend that the UDO be more direct in addressing the Supervisor’s stated concern that an ag experience is not a restaurant. We look forward to our future discussions. Thank you for your consideration, Mark Ogden President

C.2.a

Packet Pg. 12

Kim Reynolds

GOVERNOR

Office of the Governor Adam Gregg

LT GOVERNOR

June 1,2020

The Honorable Paul Pate

Secretary of State of Iowa

State Capitol

Des Moines, Iowa 50319

Dear Mr. Secretary,

I hereby transmit;

House File 2512, an Act relating to county zoning procedures, and including effective

date and applicability provisions.

The above House File is hereby approved on this date.

Sincerely,

Kim Reynolds

Governor of Iowa

cc: Secretary of the Senate

Clerk of the House

STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 FAX 515.725.3527 WWW.GOVERNOR.IOWA.GOV

C.2.b

Packet Pg. 13

RIGHT

ni»uiiiiii!iiiiiiiiiiiiiiinigiiiiiiiiiiiiiiiiiiii!i!iii!iiiiiiiiiiiiiiiiigiiiiiniiiiiiiiiuiiiiiiiiiiiiii!iiiiiiiu!iiiiiiiiiiuiiiiiiiiiigiiiii»iiiMiii!iiiiiiiiiiiiHiiiniiiiiiiiiiMiiiiiiiiiiiniu

House File 2512

AN ACT

RELATING TO COUNTY ZONING PROCEDURES, AND INCLUDING EFFECTIVE

DATE AND APPLICABILITY PROVISIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA;

Section 1. Section 335.2, Code 2020, is amended by adding

the following new unnumbered paragraphs:

NEW UNNUMBERED PARAGRAPH. A county shall not require an

application, an approval, or the payment of a fee in order for

an ordinance to be deemed inapplicable to land, farm barns,

farm outbuildings, or other buildings or structures that are

primarily adapted for use for agricultural purposes under this

section.

NEW UNNUMBERED PARAGRAPH. Land, farm houses, farm barns,

farm outbuildings, or other buildings or structures may

qualify under this section independently or in combination with

other agricultural uses. Land enrolled in a soil or water

conservation program shall be considered land primarily adapted

for use for agricultural purposes under this section.

Sec. 2. Section 335.5, subsection 4, Code 2020, is amended

to read as follows:

4. a. A comprehensive plan recommended for adoption or

amendment by the zoning commission established under section

335.8, may be adopted by the board of supervisors. The

board of supervisors shall not hold a public hearing or take

action on the recommendation until it has received the zoning

commission's final report containing the recommendation.

C.2.b

Packet Pg. 14

House File 2512, p. 2

b. Before taking action on the recommendation, the board

of supervisors shall hold a public hearing at which parties in

interest and citizens shall have an opportunity to be heard.

Notice of the time and place of the hearing shall be published

as provided in section 331.305.

c. The board of supervisors may amend a proposed

comprehensive plan or amendment prior to adoption. The board

of supervisors shall publish notice of the meeting at which

the comprehensive plan or amendment will be considered for

adoption. The notice shall be published as provided in section

331.305.

bi- ^ Following its adoption, copies of the comprehensive

plan or amended plan shall be sent or made available to

neighboring counties, cities within the county, the council of

governments or regional planning commission where the county is

located, and public libraries within the county.

—Following its adoption, a comprehensive plan may bo

amended by the board of supervisors at any time.

Sec. 3. Section 335.8, subsection 1, Code 2020, is amended

to read as follows;

1. In order to avail itself of the powers conferred by this

chapter, the board of supervisors shall appoint a commission—

a majority of whose members shall reside within the county

but outside the corporate limits of any city, consisting of

eligible electors, as defined in section 39.3, who reside

within the area regulated by the county zoning ordinance, to

be known as the county zoning commissionT—to. The commission

may recommend the boundaries of the various original districts

and appropriate regulations and restrictions to be enforced

therein in the districts. Such The commission shall, with

due diligence, prepare a preliminary report and hold public

hearings thereon on the preliminary report before submitting

ita- the commission's final report; and the. The board of

supervisors shall not hold its public hearings or take action

until it has received the final report of such the commission.

After the adoption of such the regulations, restrictions, and

boundaries of districts, the zoning commission may, from time

to time, recommend to the board of supervisors amendments,

supplements, changes, or modifications. The commissioners

C.2.b

Packet Pg. 15

House File 2512, p. 3

report and any recommendations may include a proposed ordinance

or amendments to an ordinance.

Sec. 4. Section 335.11, Code 2020, is amended to read as

follows;

335.11 Membership of board.

The board of adjustment shall consist of five membersT—a

majority of whom shall rcaido within the county but outside

the corporate limits of any city who are eligible electors,

as defined in section 39.3, and who reside within the area

regulated by the county zoning ordinance, each to be appointed

for a term of five years, excepting that when the board shall

first be created one member shall be appointed for a term of

five years, one for a term of four years, one for a term of

three years, one for a term of two years, and one for a term

of one year. Members shall be removable for cause by the

appointing authority upon written charges and after public

hearing. Vacancies shall be filled for the unexpired term of

any member whose term becomes vacant.

Sec. 5. CODE EDITOR DIRECTIVE. The Code editor may number

unnumbered paragraphs within section 335.2, as amended in this

Act, in accordance with established section hierarchy and

correct internal references in the Code and in any enacted Iowa

Acts, as necessary.

Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate

importance, takes effect upon enactment.

Sec. 7. APPLICABILITY. The following applies to

comprehensive plans and amendments to comprehensive plans

proposed or adopted on or after July 1, 2020:

The section of this Act amending section 335.5, subsection

4.

Sec. 8. APPLICABILITY.

1. The following apply on and after the effective date of

this Act to members of county zoning commissions and county

boards of adjustment holding office on or after that date:

a. The section of this Act amending section 335.8,

subsection 1.

b. The section of this Act amending section 335.11.

2. If a current member of a county zoning commission or

county board of adjustment does not meet the eligibility

C.2.b

Packet Pg. 16

House File 2512, p. 4

requirements provided in this Act, the position of the member

shall be deemed vacant as provided in section 69.2, and the

county board of supervisors shall appoint a successor member

who meets the eligibility requirements provided in this Act

within one year of the effective date of this Act.

PAT GRASSLEY/

Speaker of J^e House

CHARLES SCHNEIDER

President of the Senate

I hereby certify that this bill originated in the House and

is known as House File 2512, Eighty-eighth General Assembly.

MEGHAN NELSON

ChiWf Clerk of the House

Approved J^UaJL i , 2020

KIM REYl^LD©

Governor

C.2.b

Packet Pg. 17

PLANNING,

DEVELOPMENT AND

SUSTAINABILITY

JOSH BUSARD

AICP, LEED-AP, CFM

DIRECTOR

NATHAN MUELLER, AICP,

CFM

ASSISTANT DIRECTOR

Luke McClanahan

ASSISTANT PLANNER

913 SOUTH DUBUQUE STREET, SUITE 204 , IOWA CITY, IA 52240-4273

PHONE: (319) 356-6083 FAX: (319) 356-6084

www.johnsoncountyiowa.gov

Date: September 23, 2020 To: Johnson County Board of Supervisors From: Josh Busard, Director Re: Response to September 21st letter from Farm Bureau to Board of Supervisors

Response to Farm Bureau letter As PDS Director, I would like to take a moment to respond to some key assertions that the Johnson County Farm Bureau is making in their letter to the Board of Supervisors dated September 21, 2020. I apologize in advance for any abruptness of this memo, but I want to communicate with the Board prior to the scheduled 9:00 a.m. work session on September 23. Assertion #1 In the first paragraph, the Farm Bureau states that PDS staff does not intend to amend the Johnson County Unified Development Ordinance (JCUDO) to comply with Iowa State Code as amended by HF 2512. The PDS Department has updated our agricultural exemption form, and is complying with all changes required by HF 2512 including no longer requiring Agricultural Exemption applications for outbuildings on parcels of any size. I do want to note that after and internal review precipitated by the Farm Bureau’s letter, section 8:1.3.B.2 could be amended to replace the word structure with the word dwelling and add language to make it clear that an agricultural exemption application be required prior to undertaking any repair or expansion of a dwelling on properties less than 40 acres in size, if that repair or expansion would normally necessitate a building permit (e.g. there is no expectation to replace shingles) This would make it clearer that the PDS Department requires a building permit or approved agricultural exemption application prior to beginning any repair, remodel, or addition project to a dwelling located on a parcel that is less than 40 acres and which would otherwise require a building permit. I would be open to direction from the Board instructing staff to draft an amendment to make this change (or similar) when we discuss other general clean-up and clarification type ordinance amendments to the entire JCUDO this winter.

2. Tier 2. Properties of less than forty acres are presumed to not be primarily adapted for agricultural purposes. Applicants shall submit an application, on the form provided by the Zoning Administrator, for exemption prior to construction of any structure dwelling or prior to the repair or expansion of any dwelling which would require a building permit. The application shall be reviewed by the Zoning Administrator in accordance with the following…

Assertion #2 In the third paragraph, the Farm Bureau states that I was unwilling to “submit amendments for consideration by the zoning commission for the UDO to be compliant with House File 2512 unless specifically directed to do so.” This statement should be taken in context of the Planning and Zoning Commission meeting where I lodged an objection with the Chair of the Planning and Zoning Commission that the Commission should keep their discussion pertinent to the ordinance amendment that was on the agenda for the Commission to discuss – namely amendments to address HF2477 related to agricultural experiences. My objection was supported by the County Attorney’s Office and the Commission Chair also agreed with my objection. It was my opinion that discussing the agricultural exemption process as it pertains to agricultural domiciles and the County’s general compliance with HF 2512 was

C.2.c

Packet Pg. 18

Page 2 of 4

not pertinent to a zoning ordinance amendment that was drafted to address HF 2477 and how agricultural experiences will be permitted and regulated in Johnson County1. I did clearly articulate that I would only proceed with an ordinance amendment that further addresses the agricultural exemption process as it pertains to agricultural domiciles and the County’s general compliance with HF 2512 if one of the following occurs: 1) I receive direction from the Board of Supervisors to do so; 2) I receive an application for text amendment to the JCUDO in accordance with standard the text amendment procedures outlined in the ordinance; 3) or the Commission places the topic on a future agenda and develops their own language for consideration2. I also said that it would be best for all parties concerned to place the concern on a future Board of Supervisor work session for clarification of the most recent direction that the Board has provided to the PDS Department. The bottom line is that I did not (and do not) think it reasonable or responsible to allow representatives from the Farm Bureau (or any other outside interest group) to appropriate a staff driven ordinance amendment which was drafted at the request of the Board of Supervisors, where the proposed changes have nothing to do with the drafted ordinance amendment that was properly noticed to the public and placed on the agenda. This is despite the letter that was sent to the Planning and Zoning Commission on August 10th and what was said at the September 14th public hearing. I did make it clear that I thought two (2) of the Farm Bureau’s nine (9) requested changes, which were related to the ordinance amendment that was placed on the agenda, were appropriate to discuss and consider. Ultimately, the Planning and Zoning Commission recommended that the Board of Supervisors adopt the ordinance amendment as proposed by PDS staff without any recommended changes. Assertion #3 In the fifth paragraph, the Farm Bureau states “The PDS process in this matter has been deeply flawed.” The complaint was that PDS staff moved forward with the public hearing notice for the proposed agricultural experience ordinance without first consulting the Planning and Zoning Commission. Never in my experience with the PDS Department has the Planning and Zoning Commission been consulted about what should be noticed for public hearing. It is my opinion, based on the JCUDO, that it is my job as the zoning administrator to designate an appropriate time and place for the Planning and Zoning Commission to hear complete development applications, zoning ordinance amendments (both text and map), and comprehensive plan amendments …i.e. publish notice for public hearing and post an agenda. The Planning and Zoning Commission, as advisors to the Board of Supervisors, can recommend that PDS staff take certain actions. The Commission cannot require PDS staff to take any action. Summary of Farm Bureau’s proposed zoning ordinance text amendments The letter from the Farm Bureau in combination with the August 10th letter to the Planning and Zoning Commission lists several proposed ordinance changes. I believe that similar versions of the changes related to agricultural exemption and agricultural domiciles were considered by the Board of Supervisors this past July as part of the larger text amendment application submitted by the Farm Bureau, and were subsequently denied. I would like to highlight these changes briefly, and hopefully get some indication from the Board as to your stance on these issues

1 In the interest of transparency, I want to note that I did make the decision to include an updated definition of the term Agricultural Unit in the JCUDO alongside the specific changes for agricultural experiences and that change is not as directly related to HF2477 as the other agricultural experience changes. However, it is clear in the purpose statement of the ordinance amendment, which was properly noticed and agendized, that the definition of Agricultural Unit was proposed to be amended, and thus was Germaine to the discussion by the Commission. 2 8:1.27.B(c). … proposed Zoning Amendments to the text of this ordinance may be filed by any resident of Johnson County. Zoning text amendments may also be initiated by the Zoning Administrator, or by motion of the Planning & Zoning Commission or Board of Supervisors.

C.2.c

Packet Pg. 19

Page 3 of 4

so that I can be better-informed at the October P&Z Commission meeting where there will be an agenda item to discuss HF2512. When to require an application for agricultural exemption The Farm Bureau would like to see section 8:1.3.B of the JCUDO amended to replace the word structure with the word dwelling wherever it appears. As stated above, I agree that section 8:1.3.B.2 could be amended to replace the word structure with the word dwelling, however in my opinion this is not something that needs changed immediately because, the PDS Department is only requiring agricultural exemption applications for any new dwellings, which is in compliance with HF2512 The final sentence is section 8:1.3.B.1 was written to make it clear that, even prior to the adoption of HF 2512, the PDS Department does not require an agricultural exemption application for repair or expansion of any existing structure (including dwellings) on parcels of 40 acres or more, provided the structure will continue to be primarily adapted for agricultural purposes. As written, an agricultural exemption application will not be required for the repair or expansion of any dwelling that was constructed prior to January 15th of this year, for any new agricultural outbuilding, or for the repair and expansion of any existing agricultural outbuilding. The final sentence in section 8:1.3.B.1 could be removed or amended at the expense of clarity. Remove the requirement that an exempt dwelling (i.e. agricultural domicile) be located on the agricultural unit The Farm Bureau is also wanting the Board of Supervisors to amend the JCUDO so that an agriculturally exempt dwelling and the agricultural unit used to determine the exemption of that dwelling do not have to be contiguous. Essentially, they want to allow any person who is engaged in - or retired from - an exempt agricultural operation be allowed to build an exempt dwelling anywhere in Johnson County – even if the parcel(s) containing the exempt dwelling are not primarily adapted for agriculture. For example, any person who farms in Washington County or a person who owns 100 acres of CRP land in Benton County would be able to build a house on any parcel, anywhere in Johnson County without having to comply with any zoning or building codes. As proposed by the Farm Bureau, there is no limit for, “how close is close enough” for the dwelling and the farm land. Because we consider a significant role in the management of an agricultural operation to be ‘engaged in agriculture’; practically speaking the agricultural unit used to claim exemption for a home in Johnson County could be located anywhere on planet earth. I am, quite frankly, confused as to why the Johnson County Farm Bureau is suggesting this change as it will very obviously lead to urban sprawl, higher agricultural land prices, and increased conflicts between farmers and rural residents who are not engaged in farming. If a farmer would like their child to be engaged in their agricultural operation and live nearby, then that farmer has several options to build a home incompliance with our current regulations, including building a second home agriculturally exempt on the agricultural unit or utilizing any of the several non-exempt options that would allow the child to build a home nearby in compliance with zoning and building code (farmstead split, rezoning, platting a 40-acre lot, etc.). I suppose it can be argued in a court that when considering an agricultural exemption application for a dwelling, that I must take into account all of a farmer’s agricultural endeavors, Not just those occurring on the parcel(s) making up the agricultural unit on which the dwelling would be located. Given the very obvious loophole this would open to residential sprawl under the guise of agriculture, I would recommend that the Board maintain the ordinance language we currently have in place and wait for a court tell us that we are interpreting State Code incorrectly and need to make the change. I feel that the JDUDO in its current form complies with State Code, and I have not had any indication from the County Attorney’s Office that we may be out of compliance. Amend the definition of Agriculture to include land in soil and water conservation programs The Farm Bureau would like to amend the definition of Agriculture to include land enrolled in a soil or water conservation program (e.g. Conservation Reserve Program) as shown below.

Agriculture. Planting, raising, and harvesting crops; feeding, grazing, breeding, managing, or producing livestock, poultry, fish, honeybees, or insects; or dairying. Agriculture includes any combination of horticulture, floriculture, viticulture, aquaculture, animal husbandry, pasturage, and the necessary accessory uses for packing, treating,

C.2.c

Packet Pg. 20

Page 4 of 4

drying, sorting, and the noncommercial storage of the agricultural product or products in their raw, unprocessed form. Agriculture includes land enrolled in a soil or water conservation program, including the United States Department of Agriculture’s Conservation Reserve Program. Agriculture includes field days, as defined by this ordinance. Agriculture does not include the commercial feeding of garbage or waste from animal processing to animals.”

HF 2512 simply says “Land enrolled in a soil or water conservation program shall be considered land primarily adapted for use for agricultural purposes.” When considering any application for agricultural exemption, PDS staff now considers any land enrolled in soil or water conservation programs to be primarily adapted for agriculture, ultimately, helping a person gain agricultural exemption. However, participation in soil and water conservation programs is the exact opposite of agriculture – land owners are being paid not to farm, and face penalties if they do farm the land. State Code directs us how we must consider the adaptation of land enrolled in soil and water conservation programs for the sake of determining an exemption – it does not require that this use be included in our definition of Agriculture, and logically it doesn’t make any sense to do so. Our definition of Agriculture should remain unchanged. Pertinent changes to HF 2477 and agricultural experiences The Farm Bureau did offer two changes that were pertinent to the ordinance amendment related to HF 2477 and agricultural experiences. However, the Planning and Zoning Commission chose to not recommend those changes to the Board of Supervisors that were related to staff’s proposed definition of Field Day and food service as it relates to Agricultural Experiences in Johnson County. Per the proposed ordinance amendment, staff is proposing to amend the definition of Field Day to make it clear that food service is allowed as part of a field day as long as the food service is in compliance with Johnson County Public Health Department regulations. The Farm Bureau wants to remove any mention of compliance with Johnson County Public Health Department regulations from the definition. Whether or not the reference to the Johnson County Public Health Department remains in the definition, the food service still needs to comply with all food safety regulations., as these field days will often be conducted as exempt events as they are considered part of agriculture by definition, staff feels it is worthwhile to include this reference to put proprietors on notice, as exemption from zoning standards does not mean exemption from food code. The Farm Bureau is also proposing that agricultural experiences do not include restaurants. Despite whether or not the food service feature food grown, raised, or produced on site. The Board of Supervisors was clear in its desire for staff to write an ordinance amendment that food service be allowed as part of any agricultural experience if the food service feature food grown, raised, or produced on site.

Please contact me if you have any questions or would like to discuss this issue more. Sincerely,

Josh Busard, AICP, LEED-AP, CFM Director Planning, Development & Sustainability

C.2.c

Packet Pg. 21

Project Manager

Watershed Authority

Approved By: Title:

Reviewed

9/16/20

C.3.a

Packet Pg. 22

From: Gary Boseneiler <va@johnsoncountyiowa.gov> Sent: Friday, September 18, 2020 8:51 AM To: Jill Wenger <jwenger@johnsoncountyiowa.gov> Subject: RE: Work Session Title: Johnson County Armory and Veterans Memorial Expansion, phase 4.

1. Description: Add Black Granite 84” x 48” with 112 spaces for Veterans etching. 2. Associated costs: No cost to the county. Paid for by Memorial funds/sale of etchings. 3. Recommendation: Approve reservation of greenspace to west of memorial where the tree in

the picture is which no longer exists, between the sidewalk & the solar panel fence. Bo

C.4.a

Packet Pg. 23

C.4.a

Packet Pg. 24

8 "

6 "

56- 4" x 10.5" SPACES

1" SPACE ALL SIDES

84 "

48 "

5/8" LETTERS WITH 3/8" SPACE BETWEEN LINES

(2) 7/8" X 8" DOWELLS SUGGESTED

ALL POLISH

C.4.a

Packet Pg. 25

What inspires you, inspires us. | eidebailly.com

1545 Associates Dr., Ste. 101 | Dubuque, IA 52002-2299 | T 563.556.1790 | F 563.557.7842 | EOE

    September 8, 2020   Board of Supervisors County of Johnson, Iowa Administration Building 913 S. Dubuque St. Suite 101 Iowa City, IA 52240  Dear Board of Supervisors:  Thank you for the opportunity to perform services for the County of Johnson, Iowa (County). We are pleased to submit the following proposal confirming our understanding of the services we are to provide to the County for the year ended June 30, 2020. The following proposal outlines the services to be provided, deadlines and responsibilities, and our fees for completing the work.  

ENGAGEMENT OBJECTIVE  The objective of this engagement is to assist you in the preparation of your Ground Emergency Medical Transportation (GEMT) Program cost report for the year ended June 30, 2020.   

Work Plan  Eide Bailly’s Services and Responsibilities:  Preparation of the GEMT cost reports, including the following:  

Provide you a data checklist requesting the data required to prepare your reports.  

Preparation and input of client‐prepared data into the state provided forms. 

  Review of client data for reasonableness and completeness. Our review of your data is not an audit. We are not performing any assurance procedures regarding the accuracy of your data nor are we expressing any opinions in relation to our procedures for the preparation of the cost report.  

  Provide you with copies of the completed GEMT reports including related schedules, for your review, approval and submission. The reports and work papers will be provided electronically unless requested in hard copy.  

Provide you with detailed instructions for signing and submitting the cost reports to the Iowa Department of Human Services, Iowa Medicaid Enterprise (IME). 

 The County’s Responsibilities and Information Requirements:  You agree you are solely responsible for the accuracy, completeness and reliability of all your data and information we receive for our engagement and that we have no such responsibility.  

DocuSign Envelope ID: 7E0FAA53-A423-4038-AD81-054EA2C2372EC.6.a

Packet Pg. 26

Board of Supervisors County of Johnson, Iowa  Page 2 

  

You will provide the following information required to complete the cost reports by a date mutually agreed upon by your office and our firm:  

Completed data request packet and other pertinent information, in the format requested in the data checklist, along with supporting documentation 

 Questions that may arise during the cost report preparation process will be directed to you or the appropriate staff within your organization/billing company. We will notify you immediately if there are any difficulties in obtaining the necessary information on a timely basis.  

PROFESSIONAL FEES  Eide Bailly LLP is dedicated to professionalism and service to our clients. While professional fees should be reasonable, they must be representative of the professional quality of the service to be provided.   Our fees for performing this engagement will be billed at an hourly rate of $175 per hour for services provided, with a total estimate not to exceed $2,000. Assistance with submitting the cost report, answering questions relative to the submission of the report and providing work papers to Iowa Medicaid Enterprises will be billed at the same rate.  In addition, we will be compensated for any time and expenses, including time and expenses of legal counsel, we may incur in conducting or responding to discovery requests or participating as a witness or otherwise in any legal, regulatory, or other proceedings as a result of our Firm’s performance of these services. You and your attorney will receive, if lawful, a copy of every subpoena we are asked to respond to on your behalf and will have the ability to control the extent of the discovery process to control the costs you may incur.  Should our relationship terminate before our Medicaid analysis is completed and a report issued, you will be billed for services to the date of termination. All bills are payable upon receipt. A service charge of 1% per month will be charged, which is an annual rate of 12%, will be added to all accounts unpaid 30 days after billing date. If collection action is necessary, expenses and reasonable attorney's fees will be added to the amount due.  

GENERAL PROVISIONS  This engagement is solely to assist the County with filing the required cost reports under an approved methodology. The sufficiency of the procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the procedures described above, either for the purpose for which this report has been requested or for any other purpose. If, for any reason, we are unable to complete the procedures, we will describe any restrictions on the performance of the procedures in our report, or will not issue a report as a result of this engagement.  Management has designated Dana Aschenbrenner to monitor the engagement to ensure that it meets the objectives established by Management. Management will evaluate the adequacy of the services outlined in this engagement letter, the performance of the procedures and any findings that result. Management also accepts full responsibility for all management level decisions to be made as a result of this engagement.  

DocuSign Envelope ID: 7E0FAA53-A423-4038-AD81-054EA2C2372EC.6.a

Packet Pg. 27

Board of Supervisors County of Johnson, Iowa  Page 3 

  

In accordance with 42 U.S.C. §1395x(v) (I) (i) & (ii), until the expiration of four (4) years after the furnishing of services under this Agreement, Eide Bailly LLP shall make available, upon written request by the Secretary, U.S. Department of Health and Human Services or upon request by the U.S. Comptroller General, or any of their duly authorized representatives, the contracts, books, documents and records of Eide Bailly LLP that are necessary to certify the nature and extent of costs of any agreement between Eide Bailly LLP and the County.   It is further provided that if Eide Bailly LLP carries out any of its duties of such agreement or contract through a subcontract with a related organization, with a value or cost of $10,000 or more over a twelve (12) month period, such subcontract shall contain a clause to the effect that until the expiration of four (4) years after the furnishing of such services pursuant to such subcontract, the related organization shall make available, upon written request to the Secretary or upon request to the Comptroller General, or any of their duly authorized representatives, the subcontract, and books, documents and records of such organization that are necessary to verify the nature and extent of such costs.  In the event of a request for access under the cited provisions, Eide Bailly LLP agrees to notify the County immediately and to consult the County regarding what response will be made to the request.  In the event that Eide Bailly LLP, or any of its subcontractors, should fail to comply with the terms and provisions of this agreement relating to the retention and production of documents, Eide Bailly LLP agrees to indemnify and make whole The County for any third‐party reimbursement it may lose as the result of the refusal of Eide Bailly LLP or its subcontractor to maintain or produce documents in accordance with the provisions herein.  The provisions relating to the retention and production of documents set forth herein is included because of the possible application of Section 1861 (v) (1) (i) of the Social Security Act to such agreements or contracts between Eide Bailly LLP and the County, and if this section should be found to be inapplicable, then these clauses shall be deemed to be inoperative and without force and effect.  If the County hires any of the staff working on this project, the County agrees to reimburse Eide Bailly LLP a one‐time fee of fifty percent (50%) of the staff member’s annual compensation to cover recruitment and training costs.  

DISPUTE RESOLUTION  The following procedures shall be used to resolve any disagreement, controversy or claim that may arise out of any aspect of our services or relationship with you, including this engagement, for any reason (“Dispute”). Specifically, we agree to first mediate.  Mediation  All Disputes between us shall first be submitted to non‐binding mediation by written notice (“Mediation Notice”) to the other party. In mediation, we will work with you to resolve any differences voluntarily with the aid of an impartial mediator. The mediator will be selected by mutual agreement, but if we cannot agree on a mediator, one shall be designated by the American Arbitration Association (“AAA”). The mediation will be conducted as specified by the mediator and agreed upon by the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the Dispute. Mediation will be conducted with the parties in person in Minneapolis, Minnesota. 

DocuSign Envelope ID: 7E0FAA53-A423-4038-AD81-054EA2C2372EC.6.a

Packet Pg. 28

Board of Supervisors County of Johnson, Iowa  Page 4 

  

Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties.  Either party may commence suit on a Dispute after the mediator declares an impasse.  Governing Law and Venue  We both agree to submit any unresolved Dispute to trial by a federal or state court venue in Minneapolis, Minnesota. This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota (regardless of the laws that might be applicable under the principles of conflict of law) as to all matters including without limitation, matters of validity, construction, effect, and performance.  

LIMITATION OF DAMAGES AND NO PUNITIVE DAMAGES  The exclusive remedy available to you in any adjudication proceeding shall be the right to pursue claims for actual damages that are directly caused by acts or omissions that are breaches by us of our duties under this agreement and/or under applicable professional standards, such damages will be limited to no more than two times fees paid under this agreement. In no event shall we be liable to you for any punitive or exemplary damages, or for attorneys’ fees.  

TIME LIMITATION  The nature of our services makes it difficult, with the passage of time, to gather and present evidence that fully and fairly establishes the facts underlying any Dispute. We both agree that, notwithstanding any statute of limitations that might otherwise apply to a Dispute, it is reasonable that you may not bring any legal proceeding against us unless it is commenced within twenty‐four (24) months (“Limitation Period") after the date when we deliver our report under this agreement to you, regardless of whether we do other services for you or that may relate to the consulting report. The Limitations Period applies and begins to run even if you have not suffered any damage or loss, or have not become aware of the existence or possible existence of a Dispute.  

INDEMNITY  You agree that none of Eide Bailly LLP, its partners, affiliates, officers or employees (collectively “Eide Bailly”) shall be responsible for or liable to you for any misstatements in your financial statements and/or tax return that we may fail to detect as a result of knowing representations made to us, or the concealment or intentional withholding of information from us, by any of your owners, directors, officers or employees, whether or not they acted in doing so in your interests or for your benefit, and to hold Eide Bailly harmless from any claims, losses, settlements, judgments, awards, damages and attorneys’ fees from any such misstatement, provided that the services performed hereunder were performed in accordance with professional standards, in all material respects.  If a claim is brought against you by a third‐party that arises out of or is in any way related to the services provided under this engagement, you agree to indemnify Eide Bailly, its partners, affiliates, officers and employees, against any losses, including settlement payments, judgments, damage awards, punitive or exemplary damages, and the costs of litigation (including attorneys’ fees) associated with the services performed hereunder provided that the services were performed in accordance with professional standards, in all material respects. 

DocuSign Envelope ID: 7E0FAA53-A423-4038-AD81-054EA2C2372EC.6.a

Packet Pg. 29

Board of Supervisors County of Johnson, Iowa  Page 5 

  

ASSIGNMENTS PROHIBITED  You agree that you will not and may not assign, sell, barter or transfer any legal rights, causes of actions, claims or Disputes you may have against Eide Bailly, its partners, affiliates, officers and employees, to any other person or party, or to any trustee, receiver or other third party.  We appreciate this opportunity to be of service to the County of Johnson, Iowa and look forward to working with you on this important project. Please return a signed copy of this proposal to us. Please call me at (563) 557‐6169 with any questions.  Sincerely,  Accepted  EIDE BAILLY LLP  County of Johnson, Iowa          Jared R. Heim, CPA  Representative Partner        Representative’s Title  September 8, 2020       Date  Date  

DocuSign Envelope ID: 7E0FAA53-A423-4038-AD81-054EA2C2372EC.6.a

Packet Pg. 30

Certificate Of CompletionEnvelope Id: 7E0FAA53A4234038AD81054EA2C2372E Status: Delivered

Subject: Please DocuSign: Johnson County GEMT Engagement Letter 2020.pdf

Source Envelope:

Document Pages: 5 Signatures: 0 Envelope Originator:

Certificate Pages: 4 Initials: 0 Joan Dondlinger

AutoNav: Enabled

EnvelopeId Stamping: Enabled

Time Zone: (UTC-08:00) Pacific Time (US & Canada)

4310 17th Ave. S.

Fargo, ND 58103

Jdondlinger@eidebailly.com

IP Address: 174.192.76.132

Record TrackingStatus: Original

9/9/2020 8:21:45 AM

Holder: Joan Dondlinger

Jdondlinger@eidebailly.com

Location: DocuSign

Signer Events Signature TimestampFiona Johnson

fjohnson@co.johnson.ia.us

Security Level: Email, Account Authentication (None)

Sent: 9/9/2020 8:25:58 AM

Viewed: 9/10/2020 6:42:19 AM

Electronic Record and Signature Disclosure: Accepted: 9/10/2020 6:42:19 AM ID: bf369d9d-2ca5-40fa-8fe7-d4d9ce1c9525 Company Name: Eide Bailly LLP

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status TimestampJason Adams

jadams@eidebailly.com

Security Level: Email, Account Authentication (None)

Sent: 9/9/2020 8:25:58 AM

Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status TimestampsEnvelope Sent Hashed/Encrypted 9/9/2020 8:25:58 AM

Certified Delivered Security Checked 9/10/2020 6:42:20 AM

Payment Events Status Timestamps

Electronic Record and Signature Disclosure

C.6.a

Packet Pg. 31

CONSUMER DISCLOSURE From time to time, Eide Bailly LLP (we, us or Company) may be required by law to provide to

you certain written notices or disclosures. Described below are the terms and conditions for

providing to you such notices and disclosures electronically through your DocuSign, Inc.

(DocuSign) Express user account. Please read the information below carefully and thoroughly,

and if you can access this information electronically to your satisfaction and agree to these terms

and conditions, please confirm your agreement by clicking the æI agreeÆ button at the bottom of

this document.

Getting paper copies At any time, you may request from us a paper copy of any record provided or made available

electronically to you by us. For such copies, as long as you are an authorized user of the

DocuSign system you will have the ability to download and print any documents we send to you

through your DocuSign user account for a limited period of time (usually 30 days) after such

documents are first sent to you. After such time, if you wish for us to send you paper copies of

any such documents from our office to you, you will be charged a $0.00 per-page fee. You may

request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time

change your mind and tell us that thereafter you want to receive required notices and disclosures

only in paper format. How you must inform us of your decision to receive future notices and

disclosure in paper format and withdraw your consent to receive notices and disclosures

electronically is described below.

Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the

speed at which we can complete certain steps in transactions with you and delivering services to

you because we will need first to send the required notices or disclosures to you in paper format,

and then wait until we receive back from you your acknowledgment of your receipt of such

paper notices or disclosures. To indicate to us that you are changing your mind, you must

withdraw your consent using the DocuSign ôWithdraw Consentö form on the signing page of

your DocuSign account. This will indicate to us that you have withdrawn your consent to receive

required notices and disclosures electronically from us and you will no longer be able to use your

DocuSign Express user account to receive required notices and consents electronically from us

or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide

electronically to you through your DocuSign user account all required notices, disclosures,

authorizations, acknowledgements, and other documents that are required to be provided or made

available to you during the course of our relationship with you. To reduce the chance of you

inadvertently not receiving any notice or disclosure, we prefer to provide all of the required

notices and disclosures to you by the same method and to the same address that you have given

us. Thus, you can receive all the disclosures and notices electronically or in paper format through

the paper mail delivery system. If you do not agree with this process, please let us know as

described below. Please also see the paragraph immediately above that describes the

consequences of your electing not to receive delivery of the notices and disclosures

electronically from us.

How to contact Eide Bailly LLP:

Electronic Record and Signature Disclosure created on: 1/14/2020 10:22:40 AMParties agreed to: Fiona Johnson C.6.a

Packet Pg. 32

You may contact us to let us know of your changes as to how we may contact you electronically,

to request paper copies of certain information from us, and to withdraw your prior consent to

receive notices and disclosures electronically as follows:

To contact us by email send messages to: salesforcehelpdesk@eidebailly.com

To advise Eide Bailly LLP of your new e-mail address

To let us know of a change in your e-mail address where we should send notices and disclosures

electronically to you, you must send an email message to us at

salesforcehelpdesk@eidebailly.com and in the body of such request you must state: your

previous e-mail address, your new e-mail address. We do not require any other information from

you to change your email address..

In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected

in your DocuSign account by following the process for changing e-mail in DocuSign.

To request paper copies from Eide Bailly LLP To request delivery from us of paper copies of the notices and disclosures previously provided

by us to you electronically, you must send us an e-mail to salesforcehelpdesk@eidebailly.com

and in the body of such request you must state your e-mail address, full name, US Postal address,

and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Eide Bailly LLP

To inform us that you no longer want to receive future notices and disclosures in electronic

format you may:

i. decline to sign a document from within your DocuSign account, and on the subsequent

page, select the check-box indicating you wish to withdraw your consent, or you may;

ii. send us an e-mail to salesforcehelpdesk@eidebailly.com and in the body of such

request you must state your e-mail, full name, IS Postal Address, telephone number, and

account number. We do not need any other information from you to withdraw

consent.. The consequences of your withdrawing consent for online documents will be

that transactions may take a longer time to process..

Required hardware and software

Operating Systems: Windows2000¬ or WindowsXP¬

Browsers (for

SENDERS): Internet Explorer 6.0¬ or above

Browsers (for

SIGNERS): Internet Explorer 6.0¬, Mozilla FireFox 1.0, NetScape 7.2 (or above)

Email: Access to a valid email account

Screen Resolution: 800 x 600 minimum

C.6.a

Packet Pg. 33

Enabled Security

Settings:

ò Allow per session cookies

ò Users accessing the internet behind a Proxy Server must enable HTTP

1.1 settings via proxy connection

** These minimum requirements are subject to change. If these requirements change, we will

provide you with an email message at the email address we have on file for you at that time

providing you with the revised hardware and software requirements, at which time you will have

the right to withdraw your consent.

Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to

other electronic notices and disclosures that we will provide to you, please verify that you were

able to read this electronic disclosure and that you also were able to print on paper or

electronically save this page for your future reference and access or that you were able to e-mail

this disclosure and consent to an address where you will be able to print on paper or save it for

your future reference and access. Further, if you consent to receiving notices and disclosures

exclusively in electronic format on the terms and conditions described above, please let us know

by clicking the æI agreeÆ button below.

By checking the æI AgreeÆ box, I confirm that:

I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF

ELECTRONIC CONSUMER DISCLOSURES document; and

I can print on paper the disclosure or save or send the disclosure to a place where I can

print it, for future reference and access; and

Until or unless I notify Eide Bailly LLP as described above, I consent to receive from

exclusively through electronic means all notices, disclosures, authorizations,

acknowledgements, and other documents that are required to be provided or made

available to me by Eide Bailly LLP during the course of my relationship with you.

C.6.a

Packet Pg. 34

Revised 9/17/20

Tentative FY22 Budget Schedule for Department/Office Meetings with the Board of Supervisors

**Check official agendas for any changes the week of the scheduled meetings. Monday, November 16, 2020: 9-12

Finance (15, 22) Veterans Affairs (50) Medical Examiner (10) Ambulance (01)

Monday, November 23, 2020: 9-12

Sheriff’s Office (08, 47, 68) Auditor’s Office (03, 33) Recorder’s Office (11, 87) Monday, November 30, 2020: 9-12

County Attorney’s Office (02, 28, 69) Public Health (04) Physical Plant (17) Monday, December 07, 2020: 9-12 12/21 or 12/28??? Add on to some other day ??

SEATS/Fleet (12) Information Technology (07) Technology (40) Tuesday, December 08, 2020: 9-12 12/22 or 12/29??? Add on to some other day ??

JECC budget Central Services (18) Internal Committees Planning, Development & Sustainability (19) Monday, December 14, 2020: 9-12

Board of Supervisors Office (05) Historic Poor Farm (25) Human Resources (06) Treasurer’s Office (14) Tuesday, December 15, 2020: 9-12

Conservation (24, 32, 82, 83, 86) MHDS & TCM (41, 42, 46)

C.7.a

Packet Pg. 35

Revised 9/17/20

Monday, January 4, 2021: 1:30-4

Capital Projects (85) Capital Expenditures (44) Maintenance and Capital Improvement Plan Energy Reinvestment Fund (81)

Tuesday, January 5, 2021: 1:30-4

Social Services (20, 27, 45, 54) Block Grants (GB, GS & RB) GuideLink Center (26)

Monday, January 11, 2021: 1:30-4

Secondary Roads (49) Secondary Roads 5 year Road Plan

Tuesday, January 12, 2021: 1:30-4

Block grant decisions Discussion & decision making, vote 1

Tuesday, January 19, 2021: 1:30-4

Discussion & decision making, vote 2

Wednesday, January 20, 2021 1:30-4

Emergency Management Final decision making, vote 3

Finance Dept & BOS Meetings

1/28/21 Approve publishing of Proposed Tax Asking Notice

2/17/21 Proposed Tax Asking public hearing 5:30pm and approve resolution

2/18/21 Approve publishing of Budget Estimate notice

3/10/21 Budget Estimate public hearing 5:30 / Bonding public hearing right after (6:30 pm)

3/18/21 Informal vote

3/25/21 Formal vote

C.7.a

Packet Pg. 36

C.8.a

Packet Pg. 37

C.8.a

Packet Pg. 38

C.8.a

Packet Pg. 39

C.8.a

Packet Pg. 40

C.8.a

Packet Pg. 41

C.8.a

Packet Pg. 42

C.8.a

Packet Pg. 43

C.8.a

Packet Pg. 44

C.8.a

Packet Pg. 45