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

FEBRUARY 5, 2009

      Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:01 a.m.  Members present were: Pat Harney, Terrence Neuzil, and Rod Sullivan; absent: Meyers and Stutsman.

      Unless otherwise noted, all actions were taken by the following vote: Roll call: aye: Harney, Neuzil, Sullivan; absent: Stutsman, Meyers.

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

Motion by Sullivan, second by Harney, to approve the minutes of the formal meeting of January 29, 2009. 

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

      Convened Public Hearing on proposed plan to dispose of county-owned real property consisting of stormwater management easement located at Joint Emergency Communication Center site on Melrose Avenue, Iowa City, Johnson County, Iowa at 9:03 a.m. 

      No one from the public was present to speak. 

Public Hearing closed at 9:03 a.m.

RESOLUTION 02-05-09-01

RESOLUTION ADOPTING PROPOSED PLAN TO DISPOSE OF COUNTY-OWNED REAL PROPERTY CONSISTING OF A STORMWATER MANAGEMENT EASEMENT LOCATED AT THE JOINT EMERGENCY COMMUNICATIONS CENTER SITE ON MELROSE AVENUE, IOWA CITY, JOHNSON COUNTY, IOWA

      Whereas, Johnson County is the fee owner of real property located at 4529 Melrose Avenue in Iowa City, Johnson County, Iowa; and

      Whereas, this property is currently leased to the Joint Emergency Communications Services Association of Johnson County for purposes of a Joint Emergency Communications Center, which includes a stormwater management area; and

      Whereas, in accordance with Section 331.361(2) of the 2007 Code of Iowa, a public hearing on a proposed plan to dispose of a stormwater management easement on a portion of this real property was held on this the 5th day of February, 2009, at 9:00 A.M., in the Boardroom of the Johnson County Board of Supervisors, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa; and

      Whereas, after said hearing, the Johnson County Board of Supervisors made its final determination on the proposed plan to dispose of county-owned real property consisting of a stormwater management easement located at Joint Emergency Communication Center site on Melrose Avenue, Iowa City, Johnson County, Iowa, and decided to convey a stormwater management easement to the City of Iowa City over a .86 acre portion of this property for $1.00; and

      Whereas, this conveyance, as described above and in the proposal set forth, is necessary and will be the best method to dispose of the subject property.

      Therefore, Be It Resolved by the Johnson County Board of Supervisors that disposing of county-owned real property consisting of a stormwater management easement located at Joint Emergency Communication Center site on Melrose Avenue, Iowa City, Johnson County, Iowa, is deemed necessary; and

      Be It Further Resolved that the plan to dispose of county-owned real property consisting of a stormwater management easement located at Joint Emergency Communication Center site on Melrose Avenue, Iowa City, Johnson County, Iowa, and as specifically described in the proposal and available at the Johnson County Auditor’s Office at 913 S. Dubuque Street, is hereby adopted; and

      Be It Further Resolved the Johnson County Board of Supervisors shall dispose of a stormwater management easement to the City of Iowa City over a .86 acre portion of this property for $1.00; and

      Be It Further Resolved that the Board of Supervisors hereby authorizes the Chairperson to sign on its behalf any documents necessary to fulfill the above-referenced Proposed Plan, including but not limited to a stormwater management easement agreement, and to take any other such actions to convey the interests in real property described above.

Motion by Harney, second by Sullivan, to approve Resolution 02-05-09-01.

Motion by Sullivan, second by Harney, to approve and authorize the Chairperson to sign the amendment to MOU-2009-C052 to provide Substance Abuse Prevention and related services for education, prevention, and referral or post-treatment services from $10,000 to $9,715 for FY 2009.

Motion by Harney, second by Sullivan, to approve and authorize the Chairperson to sign the Geographic Information System (GIS) Data Sharing Agreement between the Iowa Department of Transportation and Johnson County. 

RESOLUTION 02-05-09-02

RESOLUTION AUTHORIZING THE ISSUANCE OF A GENERAL OBLIGATION EMERGENCY COMMUNICATION BOND ANTICIPATION PROJECT NOTE IN THE PRINCIPAL AMOUNT OF $2,500,000

      Whereas, pursuant to the provisions of Sections 331.402 and 331.441 of the Code of Iowa, the Board of Supervisors (the “Board”) of Johnson County, Iowa (the “County”), heretofore proposed to enter into a loan agreement (the “Loan Agreement”) and to issue General Obligation Emergency Communication Bonds (the “Bonds”) in evidence thereof in a principal amount not to exceed $16,000,000 to provide funds to pay the cost, to that extent, of constructing a building and acquiring equipment for a Joint Emergency Communication System (the “Project”), and published notice of the proposed action and held a hearing thereon on December 4, 2008; and

      Whereas, it is necessary at this time to make provision for the issuance of a General Obligation Emergency Communication Bond Anticipation Project Note (the “Project Note”) in the principal amount of $2,500,000 pursuant to the provisions of Section 76.13 of the Code of Iowa in anticipation of the receipt of and payable from the proceeds (the “Loan Proceeds”) of the Loan Agreement;

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

      Section 1.  The Project Note is hereby authorized to be issued to Hills Bank & Trust Company, Hills, Iowa, (the “Purchaser”) in anticipation of the receipt of and being payable from the Loan Proceeds or from other sources to be received and expended in connection with the Project.  The Project Note shall be signed by the actual or facsimile signature of the Chairperson of the Board and attested by the actual or facsimile signature of the County Auditor with the seal of the County affixed and delivered to the Purchaser and shall be dated February 6, 2009, shall mature on April 6, 2009, and shall bear interest at the rate of 1.75% per annum payable at maturity, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be or become applicable hereto.

      Section 2.  The County Treasurer is hereby designated as the Registrar and Paying Agent for the Project Note and may be hereinafter referred to as the “Registrar” or the “Paying Agent.”

      The County reserves the right to prepay principal of the Project Note in whole or in part on any date prior to maturity upon terms of par and accrued interest.  All principal so prepaid shall cease to bear interest on the redemption date.

      The Project Note shall be fully registered as to both principal and interest in the name of the owner in the records of the County kept for such purpose, after which no transfer shall be valid unless made on said records by the County Treasurer, and then only upon a written instrument of transfer satisfactory to the County Treasurer, duly executed by the registered owner or the duly authorized attorney for such registered owner.

      The County shall maintain as confidential the record of identity of owners of the Project Note, as provided by Section 22.7 of the Code of Iowa.

      Section 3.  The Project Note shall be in substantially the following form:

(Form of Project Note)

UNITED STATES OF AMERICA

STATE OF IOWA

JOHNSON COUNTY

GENERAL OBLIGATION EMERGENCY COMMUNICATION BOND ANTICIPATION PROJECT NOTE

DATED DATE: February 6, 2009

PRINCIPAL AMOUNT: $2,500,000

INTEREST RATE: 1.75%

MATURITY DATE: April 6, 2009

      Johnson County, Iowa (the “County”), for value received, promises to pay on April 6, 2009 to Hills Bank & Trust Company, Hills, Iowa (the “Purchaser”), its successors or assigns, the principal sum of TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000), in lawful money of the United States of America upon presentation and surrender of this Project Note to the Johnson County Treasurer, Iowa City, Iowa (hereinafter referred to as the “Registrar” or the “Paying Agent”), with interest hereon at the rate of 1.75% per annum, payable at maturity, or upon prepayment of this instrument as hereinafter provided.

      This Project Note is issued by the County for the purpose of paying costs, to that extent, of constructing a building and acquiring equipment for a Joint Emergency Communication System (the “Project”) and is issued under authority of Section 76.13 of the Code of Iowa in anticipation of the receipt of and is payable from the proceeds (the “Loan Proceeds”) of an authorized loan agreement (the “Loan Agreement”) and a corresponding issuance of General Obligation Emergency Communication Bonds (the “Bonds”).

      A sufficient portion of the Loan Proceeds has been appropriated to the payment of this Project Note and may also be appropriated to the payment of other obligations issued to pay costs of the Project. 

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

      This Project Note shall be fully registered as to both principal and interest in the name of the owner in the records of the County kept for such purpose, after which no transfer shall be valid unless made on said records by the County Treasurer, and then only upon a written instrument of transfer satisfactory to the County Treasurer, duly executed by the registered owner or the duly authorized attorney for such registered owner.

      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 Project Note were and have been properly existent, had, done and performed in regular and due form and time; that 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 Project Note, does not exceed any constitutional or statutory limitations.

      In Testimony Whereof, Johnson County, Iowa, by its Board of Supervisors, has caused this Project Note to be sealed with the facsimile of its official seal, to be executed with the facsimile signature of its Chairperson and attested with the facsimile signature of its County Auditor, on February 6, 2009.

JOHNSON COUNTY, IOWA

By                    (DO NOT SIGN)

Chairperson, Board of Supervisors

Attest:

(DO NOT SIGN)                   

County Auditor

(Seal)

Registration Date: (Registration Date)

REGISTRAR’S CERTIFICATE OF AUTHENTICATION

This Project Note is the Project Note described in the within-mentioned resolution.

By                    (DO NOT SIGN)

Johnson County Treasurer

      Section 4.  The Loan Proceeds anticipated to be received under the Loan Agreement are hereby appropriated to the payment of the Project Note and may also be appropriated to the payment of other obligations issued to pay costs of the Project.  The County hereby pledges 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 Project Note.

      Section 5.  It is the intention of the County that interest on the Project Note 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 Project Note 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.

      Section 6.  All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

Motion by Sullivan, second by Harney, to approve Resolution 02-05-09-02.

      Recessed to Informal meeting at 9:09 a.m.; reconvened at 10:03 a.m.

Motion by Sullivan, second by Harney, to enter into Executive Session at 10:04 a.m. to discuss the Step 3 Bruce Reynolds grievance under section 21.5(1.i), Code of Iowa, “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.”  Roll call: aye: Harney, Neuzil, Sullivan; absent: Stutsman, Meyers.  

Motion by Harney, second by Sullivan, to leave Executive Session at 10:39 a.m.  Roll call: aye: Harney, Neuzil, Sullivan; absent: Stutsman, Meyers.

      Adjourned at 10:39 a.m.

/s/Terrence Neuzil, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Nancy Tomkovicz, Recording Secretary

These minutes were sent for publication and formal approval on February 12, 2009.