Government : Benton County Board of Supervisors Minutes, June 30

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June 30, 2015

The Benton County Board of Supervisors met in regular session with Supervisors Frese, Hertle and Wiley present. The meeting was called to order at 9:00 a.m.

Moved by Wiley, seconded by Hertle, to approve the minutes of June 23, 2015. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve checks numbered 215214 through 215302, for payment. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to set July 28, 2015, at 9:15 a.m., as the time and date for a public hearing on a land use change requested by Marty and Stephanie Hanson on Parcel B of the SW1/4 of the NW1/4 of 32-86-10. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to adopt Resolution #15-49. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-49

TRANSFER OF FUNDS

BE IT RESOLVED by the Benton County Board of Supervisors that the following interfund funds are ordered:

From Forfeiture Fund 0090 to Forfeiture Fund 0094 - $7,813.28

The auditor is authorized to make the necessary adjustments to the FY15 budget.

Dated this 30th day of June 2015.

_____________________________________

Donald H. Frese, Chairman

_____________________________________

Terry L. Hertle

______________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Moved by Hertle, seconded by Wiley, to adopt Resolution #15-50. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-50

AMENDING Resolution #14-39

Bank Depositories

WHEREAS, the Benton County Board of Supervisors adopted Resolution #14-39 on June 24, 2014, naming the bank depositories for FY15 and setting the amounts of said deposits in each respective bank; and

WHEREAS, the treasurer has requested an increase in the depository limit at the bank in Keystone Savings Bank; and

WHEREAS, the board desires to amend said resolution #14-39 to reflect the above,

NOW THEREFORE BE IT RESOLVED that Resolution #14-39 is hereby amended as follows:

The Keystone Savings Bank in Keystone depository limit shall be changed to: $ 1,000,000

The remaining resolution, as amended, remains in full force and effect.

Signed this 30th day of June 2015

_____________________________________

Donald H. Frese, Chairman

_____________________________________

Terry L. Hertle

______________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Moved by Wiley, seconded by Hertle, to approve a fireworks permit requested by Chris Herr, for an event to be held on July 11, 2015, at the Watkins ball diamond. The rain date is July 12, 2015. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to close 26th Avenue between 2nd Street and Railroad Street in Watkins for the Watkins Car Show on September 12, 2015. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve a fireworks permit requested by Darris Pickering, for an event to be held on July 4, 2015, at 6990 19th Avenue, Van Horne, Iowa. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to adopt Resolution #15-51, Executing Closing Documents and directing the chair and auditor to execute the same. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-51

EXECUTING CLOSING DOCUMENTS

BE IT RESOLVED that the following closing documents are hereby approved in their entirety:

CLOSING CERTIFICATE

We, the undersigned Chairperson of the Board of Supervisors (the “Board”) of Benton County, Iowa (the “County”), and County Auditor, do hereby certify that we are now and were at the time of the execution of the County’s $402,642 General Obligation Solid Waste Disposal Note, Series 2015, dated July 1, 2015 (the “Note”), the officers respectively above indicated; and that in pursuance of Chapter 331of the Code of Iowa, a resolution adopted by the Board on June 9, 2015 (the “Resolution”), and a loan agreement dated as of July 1, 2015 (the “Loan Agreement”), by and between the County and Cedar Valley Bank & Trust, Vinton, Iowa (the “Lender”), the Note has been heretofore lawfully authorized and this day by us lawfully issued and delivered to the Lender, and, pursuant to the Loan Agreement, the County has received $402,642, receipt of which is hereby acknowledged, which amount represents the par amount of the Note. Principal of the Note is payable in each of the years and bears interest at the rates set forth in the Resolution.

The Note has been executed by these officers and has been fully registered as to principal and interest in the name of the Lender on the registration books of the County.

We further certify that the Note is being issued to evidence the County’s obligation under the Loan Agreement entered into by the County for the purpose of constructing a facility for the disposal of solid waste to be operated by the Benton County Solid Waste Disposal Commission (the “Project”).

We further certify that no controversy or litigation is pending, prayed or threatened involving the organization, existence or boundaries of the County, or the titles of these officers to their respective positions, or the validity of the Note, or the power and duty of the County to provide and apply adequate taxes for the full and prompt payment of the principal of and interest on the Note, and that none of the proceedings incident to the authorization and issuance of the Note have been repealed or rescinded.

We further certify that no appeal of the decision of the Board to enter into the Loan Agreement and to issue the Note has been taken to the district court.

We further certify that all meetings held in connection with the Note were open to the public at a place reasonably accessible to the public and that notice was given at least 24 hours prior to the commencement of all meetings by advising the news media who requested notice of the time, date, place and the tentative agenda and by posting such notice and agenda at the principal office of the County on a bulletin board or other prominent place which is easily accessible to the public and is the place designated for the purpose of posting notices of meetings.

We further certify as follows:

1. The net sales proceeds of the Note are $402,642 (the “Net Sales Proceeds”), the same being the issue price (the “Issue Price”) thereof. 2. The Net Sales Proceeds, including investment earnings thereon, will be invested by the County without restriction as to yield for a period not to exceed three years from the date hereof (the “Three Year Temporary Period”), the following three tests being reasonably expected to be satisfied by the County: (a) Time Test: Either the County or the Benton County Solid Waste Disposal Commission has entered into or, within six months of the date hereof, will enter into binding contracts for the Project with third parties: (i) which are not subject to contingencies directly or indirectly within the County’s control; (ii) which provide for the payment by the County to such third parties of an amount equal to at least 5% of the Net Sales Proceeds; (b) Expenditure Test: At least 85% of the Net Sales Proceeds will be applied to the payment of total costs of the Project within the Three Year Temporary Period; and (c) Due Diligence Test: Acquisition and Construction of the Project to completion and application of the Net Sales Proceeds to the payment of total costs of the Project will proceed with due diligence.

3. The Note is payable from ad valorem taxes levied against all taxable property within the County which will be collected in a Debt Service Fund and applied to the payment of interest on the Note on each June 1 and December 1 and principal of the Note on each June 1 (the 12-month period ending on each June 1 being herein referred to as a “Bond Year”); the Debt Service Fund is used primarily to achieve a proper matching of taxes with principal and interest payments within each Bond Year; the Debt Service Fund will be depleted at least once each Bond Year except for a reasonable carryover amount not to exceed the greater of (i) the earnings on the fund for the immediately preceding Bond Year; or (ii) 1/12 of the principal and interest payments on the Note for the immediately preceding Bond Year; amounts on deposit in the Debt Service Fund will be invested by the County without restriction as to yield for a period of 13 months after their date of deposit.

4. None of the Nets Sales Proceeds will be used to reimburse the County for prior expenditures on the Project. 5. Not more than 50% of the Net Sales Proceeds will be invested in non-purpose investments [as defined in Section 148(f)(6)(A) of the Internal Revenue Code of 1986, as amended (the “Code”)] having a substantially guaranteed yield for four years or more (e.g., a four-year guaranteed investment contract or a Treasury Obligation that does not mature for four years). 6. The weighted average maturity of the Note does not exceed 120% of the reasonably expected economic life of the Project. 7. To our best knowledge and belief, there are no facts, estimates or circumstances which would materially change the foregoing conclusions.

On the basis of the foregoing, it is not expected that the Net Sales Proceeds will be used in a manner that would cause the Note to be an “arbitrage bond” under Section 148 of the Code and the regulations prescribed under that section. The County has not been notified of any listing or proposed listing of it by the Internal Revenue Service as a bond issuer whose arbitrage certifications may not be relied upon.

We further certify that the County does not currently have outstanding tax exempt obligations issued during the current calendar year, including the Note, equal to or in excess of $5,000,000, nor will the County issue additional tax exempt obligations during the current calendar year which, when added to the County’s current tax exempt obligations issued during the current calendar year, including the Note, would be equal to or in excess of $5,000,000.

We further certify that due provision has been made for the collection of taxes sufficient to pay the principal of and interest on the Note when due. All payments coming due before the collection of any such taxes will be paid promptly when due from legally available funds.

IN WITNESS WHEREOF, we have hereunto affixed our hands on July 1, 2015.

BENTON COUNTY, IOWA

By _____________
Chairperson, Board of Supervisors

Attest:

__________________________________
County Auditor

UNITED STATES OF AMERICA
STATE OF IOWA
BENTON COUNTY

GENERAL OBLIGATION SOLID WASTE DISPOSAL NOTE, SERIES 2015

$402,642

MATURITY DATE

NOTE DATE

June 1, 2018

July 1, 2015

Benton County (the “County”), Iowa, for value received, promises to pay in the manner hereinafter provided to

Cedar Valley Bank & Trust

Vinton, Iowa

or registered assigns, the principal sum of FOUR HUNDRED TWO THOUSAND, SIX HUNDRED FORTY-TWO DOLLARS, together with interest on the outstanding principal hereof from the date of this Note, or from the most recent payment date on which interest has been paid, except as the provisions hereinafter set forth with respect to prepayment prior to maturity may be or become applicable hereto.

Principal of this Note shall be payable in annual installments due on June 1 in each of the years and in the respective amounts and shall bear interest at the respective rates, as follows:

Year

Principal
Installment

Interest Rate
Per Annum

2016

$134,214

0.50%

2017

$134,214

1.00%

2018

$134,214

1.50%

Accrued interest on this Note shall be payable semiannually on the first day of June and December in each year, commencing December 1, 2015. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months.

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

This Note is issued by the County to evidence its obligation under a certain Loan Agreement, dated as of July 1, 2015 (the “Loan Agreement”) entered into by the County for the purpose of paying the cost, to that extent, of constructing a facility for the disposal of solid waste to be operated by the Benton County Solid Waste Disposal Commission.

This Note is issued pursuant to and in strict compliance with the provisions of Chapters 76 and 331 of the Code of Iowa, 2015, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the County Board of Supervisors authorizing and approving the Loan Agreement and providing for the issuance and securing the payment of this Note (the “Resolution”), and reference is hereby made to the Resolution and the Loan Agreement for a more complete statement as to the source of payment of this Note and the rights of the owner of this Note.

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

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

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

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

IN TESTIMONY WHEREOF, Benton County, Iowa, by its Board of Supervisors, has caused this Note to be executed by its Chairperson and attested by its County Auditor, on July 1, 2015.

BENTON COUNTY, IOWA

By ______________________________________
Chairperson, Board of Supervisors

Attest:

County Auditor

ABBREVIATIONS

The following abbreviations, when used in this Note, shall be construed as though they were written out in full according to applicable laws or regulations:

TEN COM

-

as tenants in common

UTMA

(Custodian)

TEN ENT

-

as tenants by the entireties

As Custodian for

JT TEN

-

as joint tenants with right
of survivorship and not
as tenants in common

(Minor)

under Uniform Transfers to Minors Act

(State)

Additional abbreviations may also be used though not in the list above.

ASSIGNMENT

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

(Please print or type name and address of Assignee)

PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE

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

Dated:

Signature guaranteed:

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

ADOPTED this 30h day of June 2015.

____________________________________

Donald H. Frese, Chairman

____________________________________

Terry L. Hertle

____________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Moved by Wiley, seconded by Hertle, to approve the use of the courthouse on July 23, 2015, as an emergency shelter, if needed, for RAGBRAI. The emergency management director is authorized to have access to the facility until 9:00 p.m. on said date. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to rescind the action taken on March 24, 2015, approving the labor agreement between Benton County and Public, Professional & Maintenance Employees Local Union 2003 International Brotherhood of Painters & Allied Trades, AFL-CIO (Secondary Roads) for the period July 1, 2015 through June 30, 2018, due to errors found within the document. Further, to approve the corrected labor agreement presented on this date between Benton County and Public, Professional & Maintenance Employees Local Union 2003 International Brotherhood of Painters & Allied Trades, AFL-CIO (Secondary Roads) for the period July 1, 2015 through June 30, 2018 All members voting aye thereon.

Renee Von Bokern of Von Bokern & Associates spoke with the board via speaker phone. Von Bokern has been contracted to review and provide guidance on the county’s employee handbook. Von Bokern spoke with the board as to the expectations of both parties. Von Bokern stated that she generally has one point-of-contact within the county as she works through the handbook. Von Bokern stated that she will meet with the county’s department heads or committee prior to the finalization of the handbook as well. The document is then finalized. The board advised Von Bokern that the point-of-contact is the auditor, but that the auditor is to relay information to the board throughout the process as well as the department heads. Von Bokern stated that eighty percent of the county’s policies are discretionary and twenty percent are needed to comply with federal and state laws. The board will have the final authority on the policies adopted and believed it would be more efficient for them to be involved throughout the process. Von Bokern stated that she would begin work with the goal of having a draft back to the county by the end of July and the project finalized by this fall.

Jack Geiger, Louis Guynn, Jim Fleming, John Fetzer and Steve Henry met with the board about the use of all-terrain vehicles (ATV) and utility task vehicles (UTV) on county secondary roads. The group asked the board to consider adopting an ordinance legalizing the operation of ATVs and UTVs by persons other than between farms. Buchanan County has adopted an ordinance as well as other counties. A copy of the Buchanan County ordinance was presented as a reference. The board was not opposed to the matter, but stated that further research was needed on their part.

Benton County Assistant County Attorney Emily Nydle requested that the Board send a letter to the Governor asking him to line-item veto a part of Senate File 510. Nydle stated that SF510 included language that would adversely affect the collection of delinquent fines and restitution by county attorneys. The law provides that the initial 60-day collection by the Department of Revenue will be done by a private company and if the defendant enters into a repayment plan the county attorney will be prohibited from collecting on that account. This could result in less fines and restitution being collected and less money being paid to victims. Moved by Hertle, seconded by Wiley, to submit a letter to the Governor requesting a line-item veto of Sections 89 through 96 of Division XV, of Senate File 510. All members voting aye thereon. Motion carried.

Nydle also questioned the amount of spending authority the county attorney was given in FY16 for monies collected through the fine collection program. The board budgeted and appropriated $35,000 for FY16.

Moved by Hertle, seconded by Wiley, to adjourn. All members voting aye thereon. Motion carried.

____________________________________

Donald H. Frese, Chairman

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor