Minutes - 5/5/2009

MAY 5, 2009NINETEENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, May 5, 2009 at 9:00 a.m. Board members present were Boykin, Clausen, Monson, Smith, and Walish. Staff members present were Karen James, Board Administrative Coordinator, Loan Hensley, Assistant County Attorney/Board Legal Counsel and Jean Jessen, Deputy/Clerk to the Board.

The Claims were approved as presented. Copy filed.

Board of Supervisors meeting was called to order.

Motion by Monson second by Walish to approve the Board minutes of the 04/28/2009 meeting as submitted. Carried 5-0. Copy filed

Motion by Walish second by Boykin to receive the County Sheriffs Civil Division Third Quarter and Year-to-Date Report as submitted. Carried 5-0. Copy filed.

The Board discussed setting the date for a public hearing on a fiscal year 2009 budget amendment, with County Tax/Budget Analyst, Dennis Butler.

Motion by Boykin second by Walish to set the public hearing date for a fiscal year 2009 budget amendment on 05/26/2009 at 10:30 a.m. Carried 5-0.

Motion by Walish second by Boykin to approve and receive for signatures, a Resolution proclaiming May 2009 Mental Health Awareness Month. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,557
PROCLAMATION IN SUPPORT OF MENTAL HEALTH AWARENESS MONTH

WHEREAS there is a proven connection between good mental health and overall personal health; and mental illnesses affect almost every family in America; and

WHEREAS, people with mental illnesses recover if given the necessary services and supports in their communities; and people with mental illnesses make important contributions to our families and our communities; and

WHEREAS, millions of adults and children are disabled by mental illnesses every year; and yet only one out of two people with a serious form of mental illness seeks treatment for their mental illness; and

WHEREAS, stigma and fear of discrimination keep many who would benefit from mental health services from seeking help; and

WHEREAS, good mental health is critical to the well-being of our families, communities, schools, and businesses; and greater public awareness about mental illnesses can change negative attitudes and behaviors toward people with mental illnesses;

NOW, THEREFORE, the Woodbury County Board of Supervisors, do hereby proclaim the month of May 2009 as

MENTAL HEALTH AWARENESS MONTH

in Woodbury County, Iowa and the Board of Supervisors also call upon all county citizens, government agencies, public and private institutions, businesses, and schools to recommit to increasing awareness and understanding of mental illnesses, reducing stigma and discrimination, and promoting appropriate and accessible services for all people with mental illnesses.

SO RESOLVED this 5th day of May, 2009
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a letter of support for grant consideration for the Woodbury County Fair Association, to Iowa Network Services, Incorporated, per request of Dave Amick, Woodbury County Fair. Carried 5-0.

Motion by Boykin second by Walish to approve 05/19/2009 as the date for Secondary Roads Dept. to purchase two new motor graders for fiscal year 2010, per request of County Engineer Mark Nahra. Carried 5-0.

Motion by Boykin second by Walish to award the bid for project #ESFM(107), the Correctionville Road project, to Knife River LLC in the amount of $639,833.32, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Smith second by Walish to award the bid for project #ESFM(108), L37 resurfacing project, to Knife River LLC in the amount of $2,085,857.32, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Boykin second by Walish to award the bid for project #BRS-CO97(92), the Deer Run Trail bridge project, to Christiansen Brothers in the amount of $665,827.80, per recommendation of the County Engineer. Carried 5-0. Copy filed.

The Board discussed replacing the roof on the single-story portion of the County facility located at 1014 Nebraska Street, with Fran Sadden, Siouxland District Health.

Motion by Walish second by Boykin to approve payment of two-thirds of the cost of a new roof being paid by the County, from infrastructure funds, and one-third to be paid by Siouxland District Health. Carried 5-0.

A Public Hearing was held at 10:30 a.m. regarding the authorization of a $900,000 loan agreement, and the issuance of notes to evidence the obligation of the County. The Chairman called on anyone wishing to be heard.

Motion by Boykin second by Monson to close the Public Hearing. Carried 5-0.

Motion by Boykin second by Walish to approve and receive for signatures a Resolution instituting proceedings to take additional action on said loan agreement and note issuance. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,558
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL
ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $900,000 GENERAL OBLIGATION CAPITAL LOAN NOTES,
SERIES 2009B

WHEREAS, pursuant to notice published as required by law, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of $900,000 General Obligation Capital Loan Notes, Series 2009B, for the purpose of paying costs of erection, remodeling, reconstruction, additions and extensions to public buildings, together with acquisition of equipment for the buildings, including cabins and lodges in County Parks and construction, reconstruction, improvements and repairs of county roads and bridges to assist in economic development, and has considered the extent of objections received from residents or property owners as to the proposal and, accordingly the following action is now considered to be in the best interests of the County and residents thereof:

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, STATE OF IOWA:

Section 1. That this Board does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of $900,000 General Obligation Capital Loan Notes, Series 2009B, to evidence the obligation thereof for the foregoing purpose.

Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted.

PASSED AND APPROVED this 5th day of May, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A Public Hearing was held at 10:35 a.m. regarding the authorization of a $500,000 loan agreement, and the issuance of notes to evidence the obligation of the County. The Chairman called on anyone wishing to be heard.

Motion by Monson second by Smith to close the Public Hearing. Carried 5-0.

Motion by Walish second by Boykin to approve and receive for signatures a Resolution instituting proceedings to take additional action on said loan agreement and note issuance. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,559
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL
ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $500,000 GENERAL OBLIGATION CAPITAL LOAN NOTES,
SERIES 2009A

WHEREAS, pursuant to notice published as required by law, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of $500,000 General Obligation Capital Loan Notes, Series 2009A, for the purpose of paying costs of erection, remodeling, reconstruction, additions and extensions to public buildings, together with acquisition of equipment for the buildings, and has considered the extent of objections received from residents or property owners as to the proposal and, accordingly the following action is now considered to be in the best interests of the County and residents thereof:

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, STATE OF IOWA:

Section 1. That this Board does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of $500,000 General Obligation Capital Loan Notes, Series 2009A, to evidence the obligation thereof for the foregoing purpose.

PASSED AND APPROVED this 5th day of May, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Walish to approve and receive for signatures a Resolution approving and authorizing the acceptance of a proposal to purchase $500,000 general obligation capital loan notes, series 2009a. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,560
RESOLUTION DIRECTING THE ACCEPTANCE OF A
PROPOSAL TO PURCHASE $500,000 GENERAL OBLIGATION
CAPITAL LOAN NOTES, SERIES 2009A

WHEREAS, Woodbury County, State of Iowa, sometimes hereinafter referred to as the County, is a political subdivision duly incorporated, organized and existing under and by virtue of the Constitution and laws of the State of Iowa; and

WHEREAS, it is deemed necessary that the County should enter into a Loan Agreement and borrow the amount of $500,000 as authorized by Sections 331.402, 331.441(2)(b)(5)(d) and 331,443, Code of Iowa, as amended; and

WHEREAS, proposals have been requested and received from financial institutions offering to enter into such Loan Agreement; and

WHEREAS, after a review of all the proposals received, it has been determined that the best and most favorable proposal is that of Prime Bank of 2.5%; and

WHEREAS, it is the intention of this Board of Supervisors to enter into a Loan Agreement in accordance with said proposal dated May 1, 2009:

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF WOODBURY, STATE OF IOWA:

Section 1. That this Board of Supervisors does hereby accept the attached proposal of Prime Bank of 2.5% and takes additional action to permit the entering into of a Loan Agreement.

Section 2. The Chairperson and County Auditor are authorized and directed to proceed on behalf of the County to enter into such Loan Agreement, to negotiate the final terms of a Loan Agreement, to take all action necessary to permit the entering into of a Loan Agreement on a basis favorable to the County and acceptable to the Purchaser, and to proceed to meet the conditions of this accepted proposal.

PASSED AND APPROVED this 5th day of May, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Chairman asked if there were any individuals or groups wishing to make a presentation of items not on the agenda or Supervisors concerns.

Motion by Boykin second by Walish to go into closed session per Iowa Code Section 20.17 (3). Carried 5-0 on a roll-call vote.

Motion by Boykin second by Walish to go out of closed session per Iowa Code Section 20.17 (3). Carried 5-0 on a roll-call vote.

Motion by Boykin second by Walish to accept the recommendation discussed in the closed session. Carried 5-0.

The Board adjourned the regular meeting until May 12, 2009.