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

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

MAY 29, 2008

Chairperson Sullivan called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:00 a.m. Members present were: Pat Harney, Larry Meyers, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.

Unless otherwise noted, all actions were taken unanimously.

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

Motion by Neuzil, second by Meyers, to approve the minutes of the formal meeting of May 22, 2008.

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

RESOLUTION 05-29-08-01

RESOLUTION AUTHORIZING AND APPROVING A LOAN AGREEMENT AND PROVIDING FOR THE ISSUANCE OF $5,015,000 GENERAL OBLIGATION COUNTY BUILDING BONDS, SERIES 2008A

Whereas, pursuant to the provisions of Section 331.402(3) of the Code of Iowa, the Board of Supervisors of Johnson County, Iowa (the “County”), has heretofore proposed to contract indebtedness and enter into a loan agreement (the “Loan Agreement”) in the principal amount of $5,015,000 to provide funds to pay the cost, to that extent, of the construction of a Health and Human Services Building, and has published notice of the proposed action and has held a hearing thereon; and

Whereas, pursuant to advertisement of sale, bids for the purchase of $5,015,000 General Obligation County Building Bonds (the “Bonds”) to be issued in evidence of the County’s obligation under the Loan Agreement were received and canvassed on behalf of the County and the substance of such bids noted in the minutes; and

Whereas, upon final consideration of all bids, the bid of Hills Bank and Trust Company is the best, such bid proposing the lowest interest cost to the County;

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

Section 1. The County hereby determines to enter into a loan agreement with the bidder named above, as lender (the “Lender”), providing for a loan to the County in the principal amount of $5,015,000, for the purpose set forth in the preamble hereof.

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

Section 2. The bid of the Lender is hereby accepted, and the Bonds, dated June 19, 2008, maturing on June 1 in each of the years in the principal amounts and bearing interest at the respective rates as follows:

Year	Principal Amount	Interest Rate Per Annum	Year	Principal Amount	Interest Rate Per Annum
2009	$950,000	2.15%	2012	$1,030,000	2.85%
2010	$970,000	2.40%	2013	$1,065,000	2.95%
2011	$1,000,000	2.60%

are hereby awarded and authorized to be issued to the Lender at the price specified in such bid, together with accrued interest.

Section 3. The form of agreement of sale (the “Sale Agreement”) of the Bonds to the Lender is hereby approved, and the Chairperson of the Board and County Auditor are hereby authorized to execute the Sale Agreement for and on behalf of the County.

The Johnson County Treasurer is hereby designated as the Registrar and Paying Agent for the Bonds and may be hereinafter referred to as the “Registrar” or the “Paying Agent”.

The County reserves the right to prepay part or all of the Bonds maturing in each of the years 2009 to 2013, inclusive, prior to and in any order of maturity on December 1, 2008, or on any date thereafter upon terms of par and accrued interest. If less than all of the Bonds of any like maturity are to be redeemed, the particular part of those Bonds to be redeemed shall be selected by the Registrar by lot. The Bonds may be called in one or more units of $5,000. If less than the entire principal amount of any Bond in a denomination of more than $5,000 is to be redeemed, the Registrar will issue and deliver to the registered owner thereof, upon surrender of such original Bond, a new Bond or Bonds, in any authorized denomination, in a total aggregate principal amount equal to the unredeemed balance of the original Bond. Notice of such redemption as aforesaid identifying the Bond or Bonds (or portion thereof) to be redeemed shall be mailed by certified mail to the registered owners thereof at the addresses shown on the County’s registration books not less than 30 nor more than 60 days prior to such redemption date. All of such Bonds as to which the County reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided, shall cease to bear interest on the redemption date.

All of the interest on the Bonds shall be payable December 1, 2008, and semiannually thereafter on the first day of June and December in each year. Payment of interest on the Bonds shall be made to the registered owners appearing on the registration books of the County at the close of business on the fifteenth day of the month next preceding the interest payment date and shall be paid by check or draft mailed to the registered owners at the addresses shown on such registration books. Principal of the Bonds shall be payable in lawful money of the United States of America to the registered owners or their legal representatives upon presentation and surrender of the Bond or Bonds at the office of the Paying Agent.

The Board hereby covenants to appropriate to the General Fund of the County, in each year so long as any of the Bonds are outstanding, sufficient funds to pay interest and principal on the Bonds as such payments become due. The County hereby pledges the General Fund of the County and the faith, credit, revenues and resources and all of the real and personal property of the County for the full and prompt payment of the principal of and interest on the Bonds.

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

The Bonds shall not be valid or become obligatory for any purpose until the Certificate of Authentication thereon shall have been signed by the Registrar.

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

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

Section 4. The Bonds shall be in substantially the following form:

(Form of Bond)

UNITED STATES OF AMERICA

STATE OF IOWA JOHNSON COUNTY

GENERAL OBLIGATION COUNTY BUILDING BOND, SERIES 2008A

No. _____		$_________

RATE	MATURITY DATE	BOND DATE	CUSIP
		June 19, 2008

Johnson County (the “County”), in the State of Iowa, for value received, promises to pay on the maturity date of this Bond to

or registered assigns, the principal sum of

DOLLARS

in lawful money of the United States of America upon presentation and surrender of this Bond at the office of the Johnson County Treasurer, Iowa City, Iowa (hereinafter referred to as the “Registrar” or the “Paying Agent”), with interest on said sum, until paid, at the rate per annum specified above from the date of this Bond, or from the most recent interest payment date on which interest has been paid, on June 1 and December 1 of each year, commencing December 1, 2008, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be or become applicable hereto. Interest on this Bond is payable to the registered owner appearing on the registration books of the County at the close of business on the fifteenth day of the month next preceding the interest payment date, and shall be paid by check or draft mailed to the registered owner at the address shown on such registration books.

This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon shall have been signed by the Registrar.

This Bond is one of a series of Bonds (the “Bonds”) issued by the County to evidence its obligation under a certain Loan Agreement, dated as of June 19, 2008 (the “Loan Agreement”), entered into by the County for the purpose of providing funds to pay a portion of the cost of the construction of the County’s Health and Human Services Building.

The Bonds are issued pursuant to and in strict compliance with the provisions of Section 331.402(3) of the Code of Iowa, 2007, 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 the Bonds (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 the Bonds and the rights of the owners of the Bonds.

The County reserves the right to prepay part or all of the Bonds maturing in each of the years 2009 to 2013, inclusive, prior to and in any order of maturity on December 1, 2008, or on any date thereafter upon terms of par and accrued interest. If less than all of the Bonds of any like maturity are to be redeemed, the particular part of those Bonds to be redeemed shall be selected by the Registrar by lot. The Bonds may be called in part in one or more units of $5,000. If less than the entire principal amount of any Bond in a denomination of more than $5,000 is to be redeemed, the Registrar will issue and deliver to the registered owner thereof, upon surrender of such original Bond, a new Bond or Bonds, in any authorized denomination, in a total aggregate principal amount equal to the unredeemed balance of the original Bond. Notice of such redemption as aforesaid identifying the Bond or Bonds (or portion thereof) to be redeemed shall be mailed by certified mail to the registered owners thereof at the addresses shown on the County’s registration books not less than 30 nor more than 60 days prior to such redemption date. All of such Bonds as to which the County reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided, shall cease to bear interest on the redemption date.

This Bond 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 Bond 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 Bond were and have been properly existent, had, done and performed in regular and due form and time; that the General Fund and the faith, credit, revenues and resources and all the real and personal property of the County are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of the County, including this Bond, does not exceed any constitutional or statutory limitations.

In Testimony Whereof, Johnson County, Iowa, by its Board of Supervisors, has caused this Bond to be sealed with the facsimile of its official seal, to be executed with the duly authorized facsimile signature of its Chairperson and attested with the duly authorized facsimile signature of its County Auditor, all as of June 19, 2008.

JOHNSON COUNTY, IOWA

By __ (DO NOT SIGN)

Chairperson, Board of Supervisors

Attest:

(DO NOT SIGN)

County Auditor

(Facsimile Seal)

(On each Bond there shall be a registration dateline and a Certificate of Authentication of the Registrar in the following form:)

Registration Date: (Registration Date)

REGISTRAR’S CERTIFICATE OF AUTHENTICATION

This Bond is one of the Bonds described in the within-mentioned resolution.

JOHNSON COUNTY TREASURER,

Iowa City, Iowa

By (DO NOT SIGN)

County Treasurer

ABBREVIATIONS

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

TEN COM	-	as tenants in common	UTMA
TEN ENT	-	as tenants by the entireties		(Custodian)
			As Custodian for
JT TEN	-	as joint tenants with right of			(Minor)
		survivorship and not as	under Uniform Transfers to Minors Act
		tenants in common
			(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 Bond to

(Please print or type name and address of Assignee)

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

Dated:

Signature guaranteed:

(Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signatures to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program.)

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

Section 5. The Bonds shall be executed as herein provided as soon after the adoption of this resolution as may be possible and thereupon shall be delivered to the Registrar for registration, authentication and delivery to the Lender, upon receipt of the loan proceeds, and all action heretofore taken in connection with the Loan Agreement and the sale of the Bonds is hereby ratified and confirmed in all respects.

Section 6. It is the intention of the County that interest on the Bonds be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate provisions of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the “Internal Revenue Code”). In furtherance thereof, the County covenants to comply with the provisions of the Internal Revenue Code as they may from time to time be in effect or amended and further covenants to comply with the applicable future laws, regulations, published rulings and court decisions as may be necessary to insure that the interest on the Bonds will remain excluded from gross income for federal income tax purposes. Any and all of the officers of the County are hereby authorized and directed to take any and all actions as may be necessary to comply with the covenants herein contained.

The County hereby designates the Bonds as “Qualified Tax Exempt Obligations” as that term is used in Section 265(b)(3)(B) of the Internal Revenue Code.

Section 7. Continuing Disclosure. The Securities and Exchange Commission (the “SEC”) has promulgated certain amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the “Rule”) that make it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of $1,000,000 or more unless, before submitting a bid or entering into a purchase contract for such securities, it has reasonably determined that the issuer or an obligated person has undertaken in writing for the benefit of the holders of such securities to provide certain disclosure information to prescribed information repositories on a continuing basis so long as such securities are outstanding.

On the date of issuance and delivery of the bonds, the County will execute and deliver a Continuing Disclosure Certificate pursuant to which the County will undertake to comply with the Rule. The County covenants and agrees that it will comply with and carry out the provisions of the Continuing Disclosure Certificate. Any and all of the officers of the County are hereby authorized and directed to take any and all actions as may be necessary to comply with the Rule and the Continuing Disclosure Certificate.

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

Motion by Stutsman, second by Harney, to approve Resolution 05-29-08-01.

Motion by Stutsman, second by Meyers, to approve and authorize the Chairperson to sign the renewal to the Department of Human Services contract for Functional Family Therapy in the amount of $108,556.

Motion by Neuzil, second by Meyers, to approve and authorize the Chairperson to sign the new contract with the Department of Human Services for Decat Coordination Services in the amount of $16,000.

Motion by Stutsman, second by Neuzil, to approve and authorize Chairperson to sign new contract with Department of Human Services for Volunteer Services ($7,462).

Motion by Meyers, second by Stutsman, to approve and authorize Chairperson to sign new contract with Department of Human Services for Detention Alternative Program Services ($13,000).

Motion by Stutsman, second by Meyers, to approve and authorize the Chairperson to sign the renewal of the contract with Linn County for Juvenile Detention Services.

Motion by Harney, second by Stutsman, to approve and authorize the Chairperson to sign the SEATS 28E Agreement between the City of Coralville and Johnson County for the period of July 1, 2008 through June 30, 2013 for Paratransit service for the amounts of $154,661 for FY09, $160,461 for FY10, $166,478 for FY11, $172,721 for FY12, and $179,198 for FY13.

Motion by Stutsman, second by Meyers, to approve and authorize the Chairperson to sign the SEATS 28E Agreement between the City of University Heights and Johnson County for the period of July 1, 2008 through June 30, 2009 for Paratransit services for the amount of $8,278.32.

Motion by Neuzil, second by Meyers, to approve and authorize the Chairperson to sign the SEATS 28E Agreement between the City of Lone Tree and Johnson County for the period of July 1, 2008 through June 30, 2009 for Paratransit service for two additional days a week of service for the amount of $7020.00.

Motion by Harney, second by Stutsman, to approve and authorize the Chairperson to sign the SEATS 28E Agreement between the City of Solon and Johnson County for the period of July 1, 2008 through June 30, 2009 for Paratransit service where Solon subsidizes $1 for each fare for Solon transit service.

Motion by Stutsman, second by Harney, to approve the FY09 non-bargaining pay plan including COLA and job classification listing with recommended job evaluation changes.

Motion by Stutsman, second by Meyers, to establish FY09 health/dental care self-funded rates (single, family, Medicare Carveout) and non-bargaining employee contribution rates effective July 1, 2008 to June 30, 2009.

Motion by Neuzil, second by Stutsman, to approve and authorize the Chairperson to sign the Wellmark binder agreement effective July 1, 2008.

RESOLUTION 05-29-08-02

RESOLUTION OF INTENT TO CONSIDER UTILIZATION OF COUNTY PROPERTY AS THE SITE FOR THE JOHNSON COUNTY JOINT EMERGENCY RESPONSE COMMUNICATIONS SERVICES BUILDING

Whereas, it is in the best interest of all residents of Johnson County, Iowa, to have comprehensive and efficient emergency response communications services; and

Whereas, the Johnson County Board of Supervisors, along with other governmental bodies, determined it would be more efficient and better for the health, safety and welfare of all residents of Johnson County, Iowa, to create a joint emergency response communications center and to fund the same through a county-wide levy; and

Whereas, the Johnson County Board of Supervisors, along with other governmental bodies, has created a separate legal entity for the purposes of providing joint emergency response communications services in Johnson County, Iowa; and

Whereas, in order to minimize the cost to Johnson County taxpayers of creating said joint emergency response communications center, it is in the best interests of Johnson County taxpayers to build the center on real property owned by a governmental body; and

Whereas, the Johnson County Joint Emergency Communications Center Policy Board has requested the Board of Supervisors consider allowing the center to be build on a 5.15 acre site located immediately south of, and visually screened by, Chatham Oaks on the Johnson County Poor Farm Property.

Now, therefore, be it resolved; that the Johnson County Board of Supervisors hereby expresses its intent to proceed, at such time as is appropriate, with the process set forth in Iowa Code Section 331.361(2) to consider granting a leasehold interest in the 5.15 acre site described above and presented to the Johnson County Board of Supervisors at its May 22, 2008, Informal Meeting for the purposes of a Johnson County Joint Emergency Communications Center.

Motion by Harney, second by Stutsman, to approve Resolution 05-29-08-02. Roll call: aye: Harney, Stutsman, Sullivan; nay: Neuzil, Meyers.

Motion by Stutsman, second by Harney, to reappoint David Purdy, Richard Tibbetts, Amy Correia, and Eve Casserly to the Livable Community for Successful Aging Policy Board for terms ending June 30, 2011.

Motion by Neuzil, second by Meyers, to appoint Marc Rahe and Nancy Ostrognai to the Johnson County SEATS Paratransit Advisory Committee for terms ending June 30, 2010, and William Gorman, Dave Purdy, Roger Goedken and Ann Trotter as ex-officio members of the Johnson County SEATS Paratransit Advisory Committee for terms ending June 31, 2010 .

Motion by Harney, second by Stutsman, to reappoint Chevalier Monsanto and James Ephgrave to the Commission of Veterans Affairs for terms ending May 31, 2011.

Motion by Stutsman, second by Neuzil, to approve and authorize the Chairperson to sign an Application For Fireworks Permit for Larry Bartelt, 2688 Hidden Valley Trail NE, Solon, for display at the Hidden Acres Development, Solon, on July 3, 2008 (rain dates July 4, 5 or 6, 2008).

Adjourned to Informal meeting at 9:27 a.m.

______________________________________________________________________

Rod Sullivan, Chair, Board of Supervisors

______________________________________________________________________

Attest: Tom Slockett, Auditor

By:

On the _______ day of _____________________, 2008

By Bogdana Rus, Recording Secretary

These minutes were sent for publication and formal approval on June 5, 2008.

Sent to the Board of Supervisors on June 2, 2008 at 11:00 a.m.