Waterloo, Iowa May 9, 2017

 

 

                The Board of Supervisors of the County of Black Hawk, in the State of Iowa, met in regular adjourned meeting at the Courthouse in Waterloo, County Seat of said County, at nine o’clock (9:00) a.m., pursuant to law, to the rules of said Board, and to adjournment.  The meeting was called to order and on roll call there were present: Frank Magsamen, Chair; Linda Laylin, Tom Little, Chris Schwartz and Craig White.

                Absent:  None.

 

                Unless otherwise noted, all actions were approved unanimously.

 

                Moved by Little, seconded by White that the AGENDA be received and place on file with the County Auditor as approved.  Motion carried.

 

                There were no PUBLIC COMMENTS.
                White moved the following resolution seconded by Little.

                BE IT HEREBY RESOLVED  by the Board of Supervisors of Black Hawk County, that the Board of Supervisors APPROVE EXPENDITURES, and that the County Auditor be authorized and directed to ISSUE CHECKS, against the various settlement of such claims as allowed:

 

  GENERAL BASIC FUND    
       
12044 ACES svc 25,013.00
12045 ADVANCED SYSTEMS INC misc 809.61
12046 BICKLEY, MARK svc 510.00
12051 BLACKHAWK AUTOMATIC SPRINKLERS INC eq rpr 109.00
12052 BRUSTKERN MICHAEL J rent 225.00
12053 CBM MANAGED SVCS food 9,008.42
12054 CENTRAL IA WATER ASSOC wtr 144.56
12055 CHIEF supl 300.98
12056 CTS LANGUAGELINK svc 146.88
12058 EMSL ANALYTICAL INC svc 422.10
12060 FISCHELS, ROBERT rent 325.00
12061 FORD JILL S svc 5.50
12062 GBM PROPERTY MGMT rent 250.00
12064 INQUIREHIRE svc 120.00
12065 IRISH REPORTING svc 161.45
12066 KARENS PRINT RITE svc 660.00
12068 KRUSE DAVID rent 275.00
12070 MAIL SVCS svc 3,852.94
12071 MATT PARROTT/STOREY KENWORTHY supl 237.00
12072 MENARDS WLOO supl 120.36
12073 O’KEEFE ELEVATOR CO INC svc 1,046.87
12074 ON SITE INFO DESTRUCTION svc 492.32
12075 PATTERSON DENTAL SUPL INC supl 98.25
12076 PEHL, KRISTIN rent 200.00
12077 PER MAR SECURITY SVCS svc 1,853.79
12078 PLUNKETTS PEST CONTROL INC svc 307.50
12079 PPG ARCHITECTURAL FINISHES INC supl 53.27
12080 PTS OF AMERICA svc 579.60
12081 RACOM CORP svc 107.16
12082 RITE PRICE OFFICE SUPL INC supl 3,588.87
12083 SANDEES LTD supl 111.00
12084 SHAHRIARI DARIA T svc 201.00
12085 SHOFF, MEAGAN M svc 1,470.00
12086 STERICYCLE INC svc 284.60
12087 WLOO COMM SCHOOLS publ 925.22
12088 WD INVESTMENTS rent 250.00
12089 WEBER PAPER CO supl 2,220.73
12090 WEX BANK fuel 151.28
12091 BOESCHEN REINHARD educ 21.00
301140 CLEAR TRUST INVESTMENT PROPERTIES rent 200.00
301141  A & P FOOD EQUIPMENT eq rpr 274.49
301142 ABD PROPERTY MGMT rent 95.00
301143 ARMSTRONG ROLAND rent 280.00
301144 AT&T svc 200.68
301145 BOLIN JAMES E rent 500.00
301146 BUTLER CO SHERIFF svc 28.83
301147 CAMPBELL SUPL WLOO supl 69.18
301148 CF UTILITIES util 127.14
301150 CINTAS CORP svc 23.90
301151 COAST TO COAST COMPUTER PRODUCTS supl 405.01
301152 COUNTRY TERRACE rent 155.00
301153 COURIER publ 772.55
301154 COVENANT MED CTR svc 3,321.00
301155 CRESCENT ELECTRIC SUPL CO supl 471.91
301156 DATA IMAGING SUPPLIES supl 170.10
301157 DEWBERRY ARCHITECTS INC svc 2,399.62
301158 DICKEYS PRINTING supl 656.00
301159 DIGITAL OFFICE SOLUTIONS eq  140.36
301161 EMERGENCY PLANNING & CONSULTING svc 2,800.00
301162 FAYETTE CO UNION publ 100.00
301163 FAYETTE CO UNION publ 50.00
301164 FAYETTE CO UNION publ 171.44
301165 FORCIER LAW OFFICE svc 66.00
301166 GILPIN JOAN L svc 4,996.08
301167 GREER FUNERAL HOME INC svc 1,000.00
301168 HARDIN CO svc 49.39
301169 HEIDEMAN DARYL L & LISA rent 225.00
301170 HOLIDAY INN DES MOINES AIRPORT room 997.92
301175 U OF IA svc 103.04
301176 U OF IA svc 1,580.00
301177 JEK PROPERTIES rent 275.00
301178 JOHNSON REPORTING SVCS LTD svc 213.50
301179 KH PROPERTIES rent 400.00
301180 KRACHENFELS, TIM rent 225.00
301182 LAMAR COS publ 3,500.00
301183 LANE 7 rent 625.00
301184 LEXISNEXIS MATTHEW BENDER svc 932.74
301185 LINDGREN GLASS PRODUCTS INC supl 840.00
301186 LINN CO svc 3,978.00
301187 LINN CO svc 538.63
301188 LINN CO svc 1,666.67
301189 LOCKE FUNERAL HOME INC svc 1,000.00
301190 LPC CONNECT svc 350.83
301191 LUTGEN GARY svc 248.50
301192 MATT PARROTT/STOREY KENWORTHY supl 486.16
301194 MID AMERICAN ENERGY util 13.00
301195 MID AMERICAN ENERGY/SPEC ACCT util 450.00
301198 MOTEL 6 room 225.00
301199 MYERS POLARIS INC eq 6,388.00
301202 OFFICE DEPOT supl 241.56
301203 OLYMPUS AMERICA INC supl 61.01
301204 PEDERSEN DOWIE CLABBY MCCAUSLAND INS ins 155.00
301205 PEOPLES COMMUNITY HLTH svc 1,220.00
301207 PITZENBERGER ANTHONY rent 225.00
301208 POWESHIEK WATER ASSOC wtr 303.05
301209 QUALITY INN & SUITES educ 299.04
301210 QUALITY INN & SUITES EVENT CTR educ 479.36
301212 SCARBROUGH, JOLENE rent 225.00
301213 SCHOOL HEALTH CORP supl 113.80
301214 SHERMAN SPECIALTY CO INC supl 242.45
301215 SHRED MASTER INC svc 130.06
301216 SPEE DEE DELIVERY SVC INC svc 87.45
301217 STAPLES ADVANTAGE supl 109.99
301218 STETSON BLDG PRODUCTS supl 44.85
301219 TEDS HOME AND HARDWARE eq 155.07
301220 UPS svc 28.09
301221 UNITY POINT – ALLEN HOSP svc 211.00
301224 VARSITY CLEANERS svc 30.00
301227 WASTE MGMT OF WI-MN svc 2,147.17
301228 WATERFALLS CAR WASH lbr 57.80
301229 CITY OF WATERLOO misc 1,718.03
301230 WLOO WATER WORKS svc 299.35
301231 WAVERLY HEALTH CTR svc 60.00
301232 WERTJES UNIFORMS supl 167.87
301234 FENSKE RENAE educ 21.00
301235 WAGNER MARK educ 21.00
301236 COMMUNITIES, WESTERN HOME food 127.96
301238 SINKS, OUR SAVE ref 125.00
301239 ZHORNE, KAY educ 46.80
       
       
  GENERAL SUPPLEMENTAL FUND    
       
301149 CENTRAL IA JUVENILE DET CTRT svc 1,875.00
301151 COAST TO COAST COMPUTER PRODUCTS supl 19.07
301174 IA STATE ASSOC OF CO AUDITORS educ 150.00
301240 IA SEC OF STATE svc 1,096.58
       
       
  COUNTY SERVICES FUND    
       
12074 ON SITE INFO DESTRUCTION svc 26.08
12092 DEWITT MARTINSON JANET svc 145.42
12093 KIEFER, APRIL reimb  275.73
12094 ROBY, HEATHER reimb  83.46
       
       
  RURAL BASIC FUND    
       
301151 COAST TO COAST COMPUTER PRODUCTS supl 27.68
301237 FAUST, JOSEPH & TRACY ref 125.00
       
       
  SECONDARY ROADS FUND    
       
12043 PILOT TRAVEL CTRS svc 26.67
12050 BLACK HILLS ENERGY fuel 100.02
12054 CENTRAL IA WATER ASSOC wtr 36.92
12057 D&D TIRE INC svc 490.00
301171 IA DEPT OF TRANSPORTATION svc 709.87
301172 IOWA PRISON INDUSTRIES eq 822.50
301181 LPC UTILITIES util 279.53
301193 MEDIACOM svc 129.95
301194 MID AMERICAN ENERGY util 18.60
301196 MID COUNTRY MACHINERY INC eq 515.79
301197 MITCHELL1 svc 210.00
301200 NAPA AUTO PARTS prts 193.52
301201 NORTHERN IOWA CONSTRUCTION svc 4,972.50
301211 R & R DRAINAGE svc 1,200.00
301221 UNITY POINT – ALLEN HOSP svc 155.00
       
       
  JAIL COMMISSARY FUND    
       
12067 KEEFE SUPL CO supl 3,857.60
301160 ECOLAB CTR supl 1,425.82
301225 VERIZON WIRELESS cell 780.75
       
       
  EMA RADIO SYSTEM-CAP FUND    
       
12069 LOCKSPERTS INC eq 28.50
       
       
  INSURANCE TRUST FUND    
       
12039 NAVITUS HEALTH SOLUTIONS ins 31,328.61
12040 121 BENEFITS ins 180.00
12041 PREFERRED ONE INS CO ins 122,053.97
12042 PREFERRED ONE INS CO ins 68,238.47
       
  E911 SERVICE COMMISSION FUND    
       
12047 BHC TREASURER loan  30,000.00
12048 BHC TREASURER loan 30,000.00
12049 BHC TREASURER loan 30,000.00
12059 FARMERS MUTUAL TELEPHONE CO tel 120.76
12063 GRAINCOMM III eq rent 5,000.00
301190 LPC CONNECT tel 195.24
301223 US CELLULAR eq rent 2,400.00
301233 WINDSTREAM IA COMMUNICATIONS tel 154.07
       
       
  EMERGENCY MANAGEMENT FUND    
       
12045 ADVANCED SYSTEMS INC maint 24.46
301222 US BANK fuel 1,078.50
       
       
  COUNTY ASSESSOR FUND    
       
12082 RITE PRICE OFFICE SUPL INC supl 143.53
301206 PICTOMETRY INTERNATIONAL CORP svc 136,929.50
301226 VISA supl 156.90

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

Laylin moved the following resolution seconded by White.

                BE IT HEREBY RESOLVED by the Board of Supervisors of Black Hawk County, that the Board of Supervisors APPROVE EXPENDITURES, and that Country View Care Facility be authorized and directed to ISSUE CHECKS, against the various settlements of such claims as allowed:

 

COUNTRY VIEW ENTERPRISE FUND
 
18716 AABLE PEST CONTROL INC svc 415.50
18717 ACCESSIBLE MEDICAL IOWA svc 4,460.00
18718 ALLEN OCCUPATIONAL HEALTH SVCS svc 310.00
18719 ANDERSON ERICKSON DAIRY food 725.13
18720 B&B LOCK & KEY eq rpr 70.00
18721 CF UTILITIES util 67.50
18722 CHERYL DAVIS SAUERBREI svc 2,007.00
18723 CITY OF WATERLOO util 1,502.80
18724 CJM FINANCIAL INC svc 202.50
18725 DIRECT SUPPLY INC eq rpr 600.00
18726 EARTHGRAINS BAKING CO food 249.82
18727 ECOLAB INSTITUTIONAL supl 372.46
18728 HELPING HANDS HEALTHCARE SOLUTIONS svc 2,287.50
18729 MARTIN BROS food/supl 9,308.63
18730 MARY LEONARD jile 12.48
18731 MENARDS – CF supl 16.97
18732 MENARDS – WLOO supl 101.79
18733 MIDAMERICAN ENERGY CO util 7,136.84
18734 NETWORK SERVICES CO supl 659.50
18735 OKEEFE ELEVATOR CO INC eq rpr 838.16
18736 PLUNKETTS PEST CONTROL INC svc 90.00
18737 RITE PRICE OFFICE SUPPLY supl 133.19
18738 SCHOOL BUS SALES CO eq rpr 135.00
18739 TRACTOR SUPPLY CREDIT PLAN supl 29.98
18740 WASTE MANAGEMENT OF WI-MN svc 733.65
18741 WILSON RESTAURANT SUPPLY supl 249.50

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

                There were no PROJECT UPDATES FROM DEPARTMENT HEADS/ELECTED OFFICIALS.

 

                Moved by Little, seconded by White that the MINUTES of the Board Meeting held May 2, 2017 be and are hereby approved as submitted.  Motion carried.

 

                CONSENT AGENDA

White moved the following RESOLUTION seconded by Laylin.

 

  1. TO APPROVE, RECEIVE, PLACE ON FILE WITH THE COUNTY AUDITOR
    1. The Board of Supervisors APPROVE INTERGOVERNMENTAL JOURNAL ENTRIES, and that the County Auditor be authorized and directed to TRANSFER monies within the various funds as submitted.
Transfer from Fund  Amount Transfer to Fund  Amount
GENERAL BASIC – VA                     68.28 GENERAL BASIC – DHS                       38.28
COUNTY SOCIAL SERVICES                   181.07 GENERAL BASIC – DHS                    181.07
COUNTY SOCIAL SERVICES                   872.16 GENERAL BASIC                    872.16
COUNTY SOCIAL SERVICES                     89.33 GENERAL SUPPLEMENTAL                       89.33
  1. The PAYROLL ADJUSTMENTS submitted by the various departments and the County Auditor be authorized and directed to adjust his records accordingly.
DEPT., NAME, TITLE Base Salary TO EFFECTIVE DATE ACTION
SHERIFF, Tony Thompson      
Abben, Richard D., Captain – Patrol $41.34 4/28/2017 Termination
Abben, Sandra K., Part-time Commissary Clerk $15.91 4/28/2017 Termination
Baskerville, Cheri L., Booking Clerk $24.12 4/27/2017 Termination
Bauwens, Chad, Sergeant – Jail $31.53 4/30/2017 Promotion
Braun, Lionel B., Lietenant – Jail $38.91 5/1/2017 Promotion
Cornwell, Kayla L., Deputy Sheriff $20.40 4/28/2017 Probation Ends
Dougan, Scott A., Deputy Sheriff $20.40 4/30/2017 Shift Change
Erazo-White, Nicole S., Booking Clerk $17.66 4/24/2017 New Hire
Herbst, Mark A., Captain – Investigations $41.34 5/1/2017 Status Change
Mulnix, Thomas R., Captain $41.34 5/1/2017 Promotion
Nai, Anthony T., Deputy Sheriff – Patrol $25.85 4/30/2017 Status Change
Schellhorn, Missy L., Booking Clerk $17.66 4/23/2017 Status Change
Sidles, Wayne A., Sergeant – Patrol $32.65 4/30/2017 Status Change
Tisue, Anna E., Booking Clerk $18.28 4/30/2017 Status Change
       
COUNTY ATTORNEY, Brian Williams      
Abebe, Yeshimebet M., Assistant County Attorney $26.79 4/24/2017 Step
Hudson, Michael S.A., Assistant County Attorney $30.88 4/23/2017 Re-assignment
Sullivan, Charity L., Assistant County Attorney $44.91 4/23/2017 Re-assignment
Wagner, Michelle M., Assistant County Attorney $42.85 4/23/2017 Step
       
CONSOLIDATED COMMUNICATIONS, Judy Flores      
Breuer, Lucy J., Civilian Dispatcher $21.08 5/6/2017 Longevity Increase
       
BUILDING MAINTENANCE, Rory Geving      
Blacksmith, Russell N., Building Maintenance Mechanic $23.53 5/6/2017 Longevity Begins
       
COUNTRY VIEW, Dennis Coleman      
Godfrey, Danielle S., Nursing Assistant $13.85 4/23/2017 Status Change
Hodges, Quinnisha D., Nursing Assistant $13.27 4/23/2017 Successful Bidder
Hodges, Quinnisha D., Nursing Assistant $13.85 4/23/2017 Status Change
Hummel, Natasha M., Licensed Practical Nurse $20.85 4/23/2017 Step
Jewell, Katie N., Food Service Worker $12.99 4/28/2017 Termination
Kohl, Terri L., Licensed Practical Nurse $20.85 5/4/2017 Termination
Massaquoi, Joseph J., Nursing Assistant $14.37 4/23/2017 Step
Nelson, Jessica M., Licensed Practical Nurse $21.76 5/6/2017 Longevity Begins
Phillips, Charnesha N., Developmental Aide $14.37 4/23/2017 Step
Ramirez, Sonia E., Developmental Aide $15.60 4/23/2017 Step
Roby, Shana R., Nursing Assistant $13.85 4/23/2017 Step
Waskow, Kari J., Nursing Assistant $13.85 4/23/2017 Step
Welcher, Jamie A., Food Service Worker $13.53 4/23/2017 Successful Bidder
  1. The Sheriff’s MONTHLY REPORT of fees as of April 30, 2017.
  2. The North Iowa Juvenile Detention Services Commission AUDIT REPORT for the year ended June 30, 2016.
  1. TO APPROVE AND DIRECT THE CHAIR TO SIGN
  2. The RENEWAL APPLICATION for a Class “A” Liquor License (LA) (Private Club) submitted by Beaver Hills Country Club d/b/a Beaver Hills Country Club, 8230 Beaver Hills Drive, Cedar Falls, Iowa.
  3. The FIREWORKS PERMIT request by David C. Sabus for July 8, 2017 with a rain date of July 9, 2017 to be held at the applicant’s home, 4719 Foulk Road, Waterloo, Iowa with Pyrotechnics done by the applicant.
  4. The FIREWORKS PERMIT request by Walter Anderson for May 20, 2017 with a rain date of May 21, 2017 to be held at the applicant’s home, 8962 Barclay Road, Dunkerton, Iowa with Pyrotechnics done by Adam Anderson.

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

                CONSENT AGENDA ENDS

 

                Schwartz moved the following resolution seconded by White.

WHEREAS, we honor and respect our elders and citizens of any age with physical or intellectual disabilities who reside in skilled nursing care centers in Black Hawk County,

WHEREAS, skilled nursing care centers throughout our area are holding events in observance of National Nursing Home Week, May 14th to 20th, 2017, using this year’s theme of “The Spirit of America,” and,

WHEREAS, we urge all citizens to visit a loved one, family member or friend residing in any care setting and offer a kind word, a personal touch, and spend time participating in various activities to unite those from all walks of life in need of our continuing love and support; and,

WHEREAS, Black Hawk County Board of Supervisors is committed to quality health care, we take this moment to embrace the essence of the theme “The Spirit of America.” Let’s join all residents, patients, caregivers, nurses, other staff, volunteers and visitors in celebrating their special week; and,

NOW THEREFORE BE IT RESOLVED, that the Black Hawk County Board of Supervisors proclaim the week of May 14th to 20th, 2017, as National Nursing Home Week, a week to honor both our vulnerable citizens who receive care and the dedicated ones giving care.

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

                Little moved the following resolution seconded by White.

                BE IT HEREBY RESOLVED that the ENGAGEMENT LETTER between Black Hawk County and Clifton Larson Allen, LLP, Cedar Rapids, Iowa for Auditing services for the fiscal year ending June 30, 2017 in the amount of $57,000 be approved and direct the Chair to sign for same as recommended by Susan Deaton, Finance Director.

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

 

                White moved the following resolution seconded by Laylin.

                BE IT HEREBY RESOLVED that the TERMINATION LETTER of the current contract between Black Hawk County and Advantage Administrators regarding the Flexible Spending Account administration for Black Hawk County effective July 1, 2017 be approved and direct Chair to sign for same.

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

                White moved the following resolution seconded by Schwartz.

                BE IT HEREBY RESOLVED that the Plan Adoption and Service AGREEMENT between Black Hawk County and Employee Benefits Corporation, Madison, WI for Flexible Spending Account administration services for Black Hawk County effective July 1, 2017 be approved and direct Chair to sign for same.

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

The Board heard from Secondary Road staff to consider the approval of one of the following two sealed bids opened May 2, 2017 for the purchase of three (3) motor graders for the Secondary Roads Department: $895,000 received from Altorfer Inc., Cedar Rapids, Iowa and $873,000 received from Murphy Tractor, Waterloo, Iowa.

County Engineer Catherine Nicholas stated her reasons for recommending the purchase of the graders from Altorfer for $895,000 rather than the lower costing John Deere graders.  The County has had some issues with their John Deere motor graders including the need to replace four transmissions in the last six to seven years.  Those transmission replacement costs keep going up, the equipment is down for a longer time and the warranty is only ninety days.  The graders have needed service too early in the machine hours usage.  Discussions were held with Deere officials a couple of years ago to discuss the problems.  Nicholas and the staff feel the Caterpillar graders are more cost efficient even though the initial cost is higher.  The transmissions have a good record and a five year warranty.  They are also rebuildable rather than having to be replaced resulting in less machine down time.  Their research indicated that Cats have better fuel economy and resale value.    Normal maintenance is also less expensive.  Nicholas said the specs for the bids were geared toward Caterpillar, but in the past they were always geared toward John Deere.  Some of the features on the Cat include windshield wipers on all windows, stable blade control action, speed sensitive steering and automatic gear shifting in all gears

John Deere Representative Patrick Messmore with Murphy Tractor in Waterloo said their models have improved over the years.  The G-Series have better transmissions.   There is a fuel guarantee of four gallons/hour for three years or you will receive store credit.  Resale value on the G-Series built since 2009 have resold on average $132,996.  Event based shifting with computer controls shifting through all speeds.  Auto shift is included for gears 4-8.  If you are in gears 1-3, you normally stay in a given gear and don’t shift as much.  Other updates include changes to valves, oil standards, bearings, seals and shift valve re-design.  The warranty is for the full machine except hoses.  Remote diagnosis of issues are monitored through computer from shop while grader on road.  Transmissions are built in Coffeyville Kansas while the engines and thirteen castings are made in Waterloo.   

Trevor Shanahan of Altorfer, Inc. in Cedar Rapids said acquisition cost is not always the most important basis.  Operating cost and working capacity are important.  The joy stick operation of the Cat is better on the drivers’ posture due to the ease of operation. 

County Mechanic Tim O’Connor said if a transmission fails on a Deere, it is totally replaced along with hoses and other items required by Deere.   He said most often on a Caterpillar, only the part that fails needs to be replaced. Regarding joy sticks versus steering wheels, the staff has participated in demonstrations of the equipment and feels the joy sticks are easy to adjust to.

 

Schwartz moved the following resolution seconded by White. 

BE IT HEREBY RESOLVED that the BID of $873,000 from Murphy Tractor, Waterloo, Iowa for the purchase of three (3) motor graders for the Secondary Roads Department be approved and for the Chair to sign the contract.  Schwartz stated we should be supporting local products.   

                AYES:  Little, Schwartz, White, Magsamen.

                NAYS:  Laylin.                                                   Resolution adopted.

 

                Little moved the following resolution seconded by White.

                BE IT HEREBY RESOLVED that the BEST BID from Kirk Gross Company, Waterloo, Iowa for carpet in the Courthouse lower level in the amount of $10,344.13 be approved and for the Chair to sign the contract, conditional to the receipt of the Certificate of Insurance, as recommended by Rory Geving, Maintenance Superintendent.   Geving said he held a pre-bid meeting and received three bids with Kirk Gross being the low bid for 2,700 square feet of carpet for the common hallway area of the basement level.  The schedule for installation would be after the lighting, ceiling tile and painting parts of the project are completed.  He confirmed that this is funded by FY2017 bond dollars.

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

                White moved the following resolution seconded by Schwartz.

                BE IT HEREBY RESOLVED that the BEST BID from K&W Electric, Cedar Falls, Iowa for lighting installation service in the Courthouse lower level in the amount of $24,242.00 be approved and for the Chair to sign the contract, conditional to the receipt of the Certificate of Insurance, as recommended by Rory Geving, Maintenance Superintendent. 

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

                Little moved the following resolution seconded by White.

                BE IT HEREBY RESOLVED that the TAXES on submitted properties which have come into public ownership through community development efforts, public infrastructure improvement of public purpose acquisition and flood buyouts be abated and to instruct the County Treasurer to adjust her records accordingly pursuant to §427.2 and §445.63 of the Code of Iowa in the total amount of $2,936.70.

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

                White moved the following resolution seconded by Little

                BE IT HEREBY RESOLVED that the TAXES on submitted properties be abated under §445.16 of the Code of Iowa as the Black Hawk County Treasurer has determined that it is impractical to pursue collection of the total amounts due through the tax sale and personal judgment remedy and has little recourse for collection of taxes and to authorize the County Treasurer to strike from the tax lists the reference to the past due amounts in the amount of $1,292.09. 

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

                Moved by Laylin, seconded by Schwartz to direct the County Auditor to advertise for a public hearing to be held at 9:07 a.m. on Tuesday, May 23, 2017 in Board Room 201 of the Black Hawk County Courthouse, 316 E. 5th Street, Waterloo, Iowa on the proposed Ordinance No. 77-186 from a request submitted by Robert J. & Margaret L. Mills rezone 2.67 acres from “A” Agricultural District to “A-R” Agricultural Residential District to build a single family home and a request to rezone 2.4 acres from “A” Agricultural District to “C-M” Commercial- Manufacturing District to allow for a commercial kennel business.  Motion carried.
White moved the following resolution seconded by Laylin.

WHEREAS, it is deemed necessary and advisable that Black Hawk County, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $250,000, as authorized by Section 331.443, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential county purpose project(s) as hereinafter described; and

WHEREAS, the population of the County is more than 100,000, but not more than 200,000, and the total project costs for these purposes is not more than $1,200,000; and

WHEREAS, before the Bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Board proposes to take action for the issuance of the Bonds and to receive oral and/or written objections from any resident or property owner of the County to such action.

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

Section 1. That this Board meet in the Board Room, County Courthouse, 316 E. 5th Street, Waterloo, Iowa, at 9:07 A.M., on the 16th day of May, 2017, for the purpose of taking action on the matter of the issuance of not to exceed $250,000 General Obligation Bonds, for essential county purposes, the proceeds of which bonds will be used to provide funds to pay the costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including restroom remodeling at the Pinecrest Building.

Section 2. That the Auditor is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the County.  The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds.

Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form:

(To be published on or before: May 11, 2017)

NOTICE OF MEETING OF THE BOARD OF SUPERVISORS OF BLACK HAWK COUNTY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $250,000 GENERAL OBLIGATION BONDS OF THE COUNTY (FOR ESSENTIAL COUNTY PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF

PUBLIC NOTICE is hereby given that the Board of Supervisors of Black Hawk County, State of Iowa, will hold a public hearing on the 16th day of May, 2017, at 9:07 A.M., in the Board Room, County Courthouse, 316 E. 5th Street, Waterloo, Iowa, at which meeting the Board proposes to take additional action for the issuance of not to exceed $250,000 General Obligation Bonds, for essential county purposes, to provide funds to pay the costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including restroom remodeling at the Pinecrest Building.

At the above meeting the Board shall receive oral or written objections from any resident or property owner of the County to the above action.  After all objections have been received and considered, the Board will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds.

This notice is given by order of the Board of Supervisors of Black Hawk County, State of Iowa, as provided by Section 331.443 of the Code of Iowa.

Dated this 9th day of May, 2017.

                Grant Veeder, County Auditor, Black Hawk County, State or Iowa

(End of Notice)

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

                White moved the following resolution seconded by Schwartz.

                BE IT HEREBY RESOLVED that to form a Strategic Planning Team, which will include various Elected Officials, Department Heads and other key staff members, to update the County’s Governing for the Future 2028 Vision, Motivating Values and 3-5 Year Shared Strategic Direction Plan.

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

                White moved the following resolution seconded by Schwartz.

WHEREAS, $5,750,000 General Obligation Bonds, Series 2017, dated May 23, 2017, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and

 

WHEREAS, this Board has deemed that the services offered by Bankers Trust Company of Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and

 

WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter “Agreement”) has been prepared to be entered into between the County and Bankers Trust Company.

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

 

  1. That Bankers Trust Company of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $5,750,000 General Obligation Bonds, Series 2017, dated May 23, 2017.
  2. That the Agreement with Bankers Trust Company of Des Moines, Iowa, is hereby approved and that the Chairperson and Auditor are authorized to sign the Agreement on behalf of the County.

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

 

                Laylin moved the following resolution seconded by Schwartz.

WHEREAS, the Issuer is a political subdivision, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and

 

WHEREAS, the Issuer is in need of funds to pay costs of refunding and refinancing outstanding general obligation indebtedness of the County, including the General Obligation Bonds (Taxable Build America Bonds), Series 2009, dated July 21, 2009, as is more fully set forth in the schedule of Bonds to be refunded, hereinafter set forth as Exhibit “A”, attached to this resolution, essential county purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $4,195,000 be authorized for said purpose(s); and

WHEREAS, pursuant to notice published as required by Section 331.443 of the Code of Iowa, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $4,195,000 General Obligation Bonds, and the Board is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and

WHEREAS, the Issuer is in need of funds to pay costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements, essential county purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $950,000 be authorized for said purpose(s); and

WHEREAS, pursuant to notice published as required by Section 331.443 of the Code of Iowa, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Bonds, and the Board is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and

WHEREAS, the Issuer is in need of funds to pay costs of improvements to public buildings and grounds, including reconstruction of the jail facility parking lot, essential county purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $750,000 be authorized for said purpose(s); and

WHEREAS, pursuant to notice published as required by Section 331.443 of the Code of Iowa, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Bonds, and the Board is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and

WHEREAS, pursuant to Section 331.445 of the Code of Iowa, it is hereby found and determined that the various general obligation Bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $5,750,000 Essential County Purpose General Obligation Bonds, Series 2017, as hereinafter set forth; and

 

WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and conditions of the best bid received at the advertised public sale.

 

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

 

Section 1. Definitions.  The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise:

  • “Authorized Denominations” shall mean $5,000 or any integral multiple thereof.

 

  • “Beneficial Owner” shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person’s subrogee.

 

  • “Blanket Issuer Letter of Representations” shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds.

 

  • “Bond Fund” shall mean the fund created in Section 3 of this Resolution.

 

  • “Bonds” shall mean $5,750,000 General Obligation Bonds, Series 2017, authorized to be issued by this Resolution.

 

  • “Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds.

 

  • “Continuing Disclosure Certificate” shall mean that certain Continuing Disclosure Certificate approved under the terms of this Resolution and to be executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof.

 

  • “Current Refunded Portion” shall mean $4,030,000 of the Bonds to refund the Refunded Bonds.

 

  • “Depository Bonds ” shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee.

 

  • “DTC” shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter.

 

  • “Issuer” and “County” shall mean Black Hawk County, State of Iowa.

 

  • “New Money Portion” shall mean $1,720,000 of the bonds issued to pay the costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements; and improvements to public buildings and grounds, including reconstruction of the jail facility parking lot.

 

  • “Participants” shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository.

 

  • “Paying Agent” shall mean Bankers Trust Company, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer’s agent to provide for the payment of principal of and interest on the Bonds as the same shall become due.

 

  • “Project” shall mean the costs of refunding and refinancing outstanding general obligation indebtedness of the County, including the General Obligation Bonds (Taxable Build America Bonds), Series 2009, dated July 21, 2009; improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements; and improvements to public buildings and grounds, including reconstruction of the jail facility parking lot.

 

  • “Project Fund” shall mean, as to the New Money Portion, the fund established under this Resolution for the deposit of a portion of the proceeds to pay the costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements, and improvements to public buildings and grounds, including reconstruction of the jail facility parking lot.  As to the Current Refunded Portion, “Project Fund” shall mean the portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds.

 

  • “Rebate Fund” shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate.

 

  • “Refunded Bonds” shall mean $4,055,000 of the $8,290,000 General Obligation Taxable Build America Bonds, Series 2009, dated July 21, 2009.

 

  • “Registrar” shall mean Bankers Trust Company of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds.  Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds.

 

  • “Resolution” shall mean this resolution authorizing the Bonds.

 

  • “Tax Exemption Certificate” shall mean the Tax Exemption Certificate approved under the terms of this Resolution and to be executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds.

 

  • “Treasurer” shall mean the County Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder.

 

  • Levy and Certification of Annual Tax; Other Funds to be Used.
    1. Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Waterloo, Iowa, to-wit:
 

AMOUNT

  FISCAL YEAR (JULY 1 TO JUNE 30)

YEAR OF COLLECTION

     $   917,556*                                                                  2017/2018

     $1,069,000                                                                   2018/2019

     $   984,600                                                                    2019/2020

     $   981,500                                                                    2020/2021

     $   983,100                                                                    2021/2022

     $   589,300                                                                    2022/2023

     $   663,000                                                                    2023/2024

 

*A levy has been included in the budget previously certified and will be used together with available County funds to pay the principal and interest of the Bond coming due in fiscal year 2017/2018.

 

(NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2017 will be collected during the fiscal year commencing July 1, 2018.)

 

  1. Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Black Hawk County, Iowa and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the County are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of the tax, and for no other purpose whatsoever.
  2. Additional County Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the County available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced.
  • Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the County, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the “GENERAL OBLIGATION BOND FUND NO. 1” (the “Bond Fund”), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the County from property that is centrally assessed by the State of Iowa.
  • Application of Bond Proceeds. Proceeds of the Bonds, other than accrued interest except as may be provided below, shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity.  Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution.

Proceeds invested shall mature before the date which the moneys are required for payment of principal and interest on the Refunded Bonds.  Accrued interest, if any, shall be deposited in the Bond Fund.

  • Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2017, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2017, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided.
  • Bond Details, Execution and Redemption.
    1. Bond Details. General Obligation Bonds of the County in the amount of $5,750,000, shall be issued pursuant to the provisions of Sections 331.443 and 331.445 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated “GENERAL OBLIGATION BOND, SERIES 2017”, be dated May 23, 2017, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2017, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided.

The Bonds shall be executed by the manual or facsimile signature of the Chairperson and attested by the manual or facsimile signature of the Auditor, and impressed or printed with the seal of the County and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond.  The Bonds shall be in the denomination of $5,000 or multiples thereof.  The Bonds shall mature and bear interest as follows:

 

Principal

Amount

  Interest

Rate

  Maturity

June 1

     $800,000                                            2.000%                                              2018

     $970,000                                            2.000%                                              2019

     $905,000                                            2.000%                                              2020

     $920,000                                            2.000%                                              2021

     $940,000                                            2.000%                                              2022

     $565,000                                            2.000%                                              2023

     $650,000                                            2.000%                                              2024

 

  1. Redemption.
    1. Optional Redemption. Bonds maturing after June 1, 2023, may be called for optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call.

Thirty days’ written notice of redemption shall be given to the registered owner of the Bond.  Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds.  All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment.  Written notice will be deemed completed upon transmission to the owner of record.

 

If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached.

 

If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity.  DTC will determine by lot the amount of each Participant’s interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed.  All prepayments shall be at a price of par plus accrued interest.

 

  • Issuance of Bonds in Book-Entry Form; Replacement Bond
    1. Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter.
    2. The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bond Upon initial issuance, the ownership of the Bonds will be registered in the registry books of the Bankers Trust Company kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes.  The Paying Agent, Registrar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds.  The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer’s obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid.  DTC must receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest.  Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section.
    3. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities under applicable law.  In this event, the Bonds will be transferable in accordance with this Section.
    4. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as provided in the Representation letter.
    5. In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bond
    6. The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bond The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed.
    7. In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the registered owners of the Bonds to be transferred or exchanged and appropriate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or payment of principal of and interest on the certificates. Any substitute depository shall be designated in writing by the Issuer to the Paying Agent.  Any such substitute depository shall be a qualified and registered “clearing agency” as provided in Section 17A of the Securities Exchange Act of 1934, as amended.  The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries.
    8. The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts.
  • Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation.
    1. Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Bankers Trust Company is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution.  All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 331.446 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution.
    2. Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above.  Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar.
    3. Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution.
    4. Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid.
    5. Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer.
    6. Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bond The Paying Agent’s obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer.
    7. Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer’s expense, one bond for each annual maturity. The Registrar shall furnish additional Bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests.
  • Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith.
  • Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made.  Upon receipt of the final payment of principal, the holder of the Bond shall surrender the Bond to the Paying Agent.
  • Execution, Authentication and Delivery of the Bond Upon the adoption of this Resolution, the Chairperson and Auditor shall execute the Bonds by their manual or authorized signature and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth.  Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution.

No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following:

 

  1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds;

 

  1. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein;

 

  1. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued.

 

  • Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bond
  • Form of Bond. Bonds shall be printed substantially in the form as follows:

“STATE OF IOWA”

“COUNTY OF BLACK HAWK”

“GENERAL OBLIGATION BOND”

“SERIES 2017”

ESSENTIAL COUNTY PURPOSE

 

Rate: 2.000%

Maturity: __________

Bond Date: May 23, 2017

CUSIP No.: __________

“Registered”

Certificate No. __________

Principal Amount: $_______________

 

Black Hawk County, State of Iowa, a political subdivision organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the “Issuer”), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to

 

(Registration panel to be completed by Registrar or Printer with name of Registered Owner).

 

or registered assigns, the principal sum of (enter principal amount in long form) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of Bankers Trust Company, Paying Agent of this issue, or its successor, with interest on the sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2017, and semiannually thereafter on the 1st day of June and December in each year.

 

Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month preceding such interest payment date.  Interest shall be computed on the basis of a 360-day year of twelve 30-day months.

 

This Bond is issued pursuant to the provisions of Sections 331.443 and 331.445 of the Code of Iowa, for the purpose of paying costs of refunding and refinancing outstanding general obligation indebtedness of the County, including the General Obligation Bonds (Taxable Build America Bonds), Series 2009, dated July 21, 2009; improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements; and improvements to public buildings and grounds, including reconstruction of the jail facility parking lot, in conformity to a Resolution of the Board of said County duly passed and approved.

 

Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company (“DTC”), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein.

 

Bonds maturing after June 1, 2023, may be called for optional redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot.  The terms of redemption shall be par, plus accrued interest to date of call.

 

Thirty days’ written notice of redemption shall be given to the registered owner of the Bond.  Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds.  All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment.  Written notice will be deemed completed upon transmission to the owner of record.

 

If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached.

 

Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Bankers Trust Company, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar.  Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered Bondholders of such change.  All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 331.446 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution.

 

This Bond is a “qualified tax-exempt obligation” designated by the County for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986.

 

And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that such taxes have been irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations.

 

IN TESTIMONY WHEREOF, the Issuer by its Board, has caused this Bond to be signed by the manual or facsimile signature of its Chairperson and attested by the manual or facsimile signature of its County Auditor, with the seal of the County printed or impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Bankers Trust Company, Des Moines, Iowa.

 

Date of authentication:_______________________

This is one of the Bonds described in the within mentioned Resolution, as registered by Bankers Trust Company.

 

BANKERS TRUST COMPANY, Registrar

 

By: ______________________________________________

Authorized Signature

Registrar and Transfer Agent:                   Bankers Trust Company

Paying Agent:                                                   Bankers Trust Company

 

SEE REVERSE FOR CERTAIN DEFINITIONS

 

(Seal)

(Signature Block)

 

BLACK HAWK COUNTY, STATE OF IOWA

 

By: ___________(manual or facsimile signature)_____________

Chairperson

 

ATTEST:

 

By: ___________(manual or facsimile signature)_____________

County Auditor

 

 (Information Required for Registration)

 

ASSIGNMENT

 

For value received, the undersigned hereby sells, assigns and transfers unto _________________________ (Social Security or Tax Identification No. _______________) the within Bond and does hereby irrevocably constitute and appoint _________________________ attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises.

 

                Dated: __________________________________________________

 

                                __________________________________________________

 

                                __________________________________________________

                                (Person(s) executing this Assignment sign(s) here)

 

SIGNATURE)

GUARANTEED)__________________________________________________

 

IMPORTANT – READ CAREFULLY

 

The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever.  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 signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program.

 

INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER

 

Name of Transferee(s)  
Address of Transferee(s)  
Social Security or Tax Identification  
Number of Transferee(s)  
Transferee is a(n):
Individual*     Corporation  
Partnership     Trust  
               

 

*If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided.

 

The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations:

 

TEN COM – as tenants in common
TEN ENT – as tenants by the entireties
JT TEN – as joint tenants with rights of survivorship and not as tenants in common
IA UNIF TRANS MIN ACT – ………. Custodian ……….

 (Cust)                   (Minor)

Under Iowa Uniform Transfers to Minors Act……………….

(State)

 

ADDITIONAL ABBREVIATIONS MAY

ALSO BE USED THOUGH NOT IN THE ABOVE LIST

 

(End of form of Bond)

 

  • Closing Documents. The Chairperson and County Auditor are authorized and directed to execute, attest, seal and deliver for and on behalf of the County any other additional certificates, documents, or other papers and perform all other acts, including without limitation the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution.
  • Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said County and the purchaser of the Bond
  • Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder.

To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds.

 

  • Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption Certificate stating the Issuer’s reasonable expectations as to the use of the proceeds of the Bond The form of Tax Exemption Certificate is approved.  The Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution.  The County Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date.
  • Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate.  For purposes of this section, “Beneficial Owner” means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes.
  • Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with Bond Counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance.
  • Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of Bond Counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations.
  • Qualified Tax-Exempt Obligations. For the sole purpose of qualifying the Bonds as “Qualified Tax-Exempt Obligations” pursuant to Section 265(b)(3)(B) of the Internal Revenue Code of the United States, as amended, the Issuer hereby designates the Bonds as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax-exempt governmental and qualified 501(c)(3) obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars.
  • Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
  • Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval.

                AYES:  Laylin, Little, Schwartz, White, Magsamen.

                NAYS:  None.                                                     Resolution adopted.

 

                At nine-fifty-two o’clock (9:52) a.m., a public hearing was held as provided by law in Board Room 201 of the Black Hawk County Courthouse, 316 E. 5th Street, Waterloo, Iowa at which time all interested persons could appear to file objections on the purchase of one (1) Tandem Axel Dump Truck for the Black Hawk County Engineer’s Department.

 

Moved by Little, seconded by White to receive and place on file proof of publication of notice of public hearing. Motion carried.

 

Moved by Little, seconded by Schwartz to close the hearing after oral/written comments are received.  Motion carried.

 

                At nine-fifty-three o’clock (9:53) a.m. the Chair announced the time had arrived in accordance with prior action and as advertised, for the receiving and opening of bids for the proposed

The Board of Supervisors examined proof of publication of notice to bidders and determined that said notice had been published in the Waterloo Courier on May 1, 2017 in accordance with the requirements of the Code of Iowa

The Chair announced the following sealed bids were all received by three o’clock (3:00) p.m. Monday May 8, 2017, as stated in the Notice to Bidders.  The time of announcement being nine-fifty-three o’clock (9:53) a.m., the following bids were opened and read:

NAME                                                   CITY                                      AMOUNT           

Thompson Truck & Trailer        Waterloo, IA                      $191,456

TriState Truck Equipment         Dubuque, IA                      $69,981 snow equip only

Truck Country #1                           Cedar Rapids, IA              $202,485, $195,435, $199,859

Truck Country #2                           Cedar Rapids, IA              $197,131, $190,081, $194,505

Harrison Truck Center                 Elk Run Heights, IA        $206,007                           

Don’s Truck Sales                           Fairbank, IA                       $194,290

The Engineer’s estimate was $200,000.

 

                Moved by Little, seconded by White that the Board of Supervisors receive and place on file the bids for the purchase of one (1) Tandem Axle Dump Truck to allow time to review said bids as recommended by Catherine Nicholas, County Engineer.  Motion carried.

 

                At ten-oh-one o’clock (10:01) a.m., a public hearing was held as provided by law in Board Room 201 of the Black Hawk County Courthouse, 316 E. 5th Street, Waterloo, Iowa at which time all interested persons could appear to file objections on the proposed Pinecrest Generator project with the Black Hawk County Maintenance Department.

 

Moved by Little, seconded by Laylin to receive and place on file proof of publication of notice of public hearing. Motion carried.

 

Moved by White, seconded by Little to close the hearing after oral/written comments are received.  Motion carried.

 

                At ten-oh-two o’clock (10:02) a.m. the Chair announced the time had arrived in accordance with prior action and as advertised, for the receiving and opening of bids for the proposed

The Board of Supervisors examined proof of publication of notice to bidders and determined that said notice had been published in the Waterloo Courier on April 26, 2017 in accordance with the requirements of the Code of Iowa

 

The Chair announced the following sealed bids were all received by eight-thirty o’clock (8:30) a.m. Tuesday May 9, 2017, as stated in the Notice to Bidders.  The time of announcement being ten-oh-two o’clock (10:02) a.m., the following bids were opened and read: 

 

NAME                                             CITY                            AMOUNT

Black Hawk Electrical Co.     Waterloo, IA            $122,700

Community Electric, Inc.      Waterloo, IA            $114,915

K&W Electric, Inc.                    Cedar Falls, IA         $107,750                                                                           

The Engineer’s estimate was $160,000 including engineering fees.

 

                Moved by White, seconded by Schwartz that the Board of Supervisors receive and place on file the bids for the proposed Pinecrest Generator project to allow time to review said bids as recommended by Rory Geving, Maintenance Superintendent.  Motion carried.

 

                White started the discussion to reconsider Alternate #2 for the alignment and replacement of the Cedar Wapsi Bridge located on Cedar Wapsi Road/Highway C57 by asking if it could be embargoed and left open.  County Engineer Catherine Nicholas said not at this point.  Assistant Engineer Ryan Brennan said the bridge is listed as structurally deficient and it would be most beneficial to replace the bridge.  Overweight loads are not allowed depending on the circumstances.  Brennan reviewed the two plans.  Alternate #1 is estimated to cost $6.5 million and likely closed for two years.  Alternate #2 is estimated to cost $7.3 million, moves the bridge 55 feet south and leaves existing bridge open most during most of the construction except for when the final road/bridge tie-in occurs.  Little asked why the meeting with the public wasn’t held prior to the item being placed on the agenda.  Brennan said there was a meeting in November 2016 attended by approximately sixty residents at which alternates were discussed and again the last week of April to keep the residents apprised of the project. White said there are sixteen families and four businesses in this area.  Brennan said he didn’t know how many lived there, but that the Buck Ridge subdivision (27 homes) is also in that area.  White said one email said the board doesn’t care about that area so he reminded him of all they did back in 1999 when there was a train derailment.  Little asked how long the Winslow Bridge was closed.  Brennan said about two years, but that project was also affected by the 2008 flood.  Schwartz said he requested to return to this item for further discussion due to new information regarding the detour, the dangers and public safety concerns issues.  Several residents from the area cited their concerns mostly about most farmers with the size of their equipment would have to enter busy Highway 218 with vehicles travelling at high speeds, cross to the left lane to then exit to Maple Street and the safety of everyone using the roadways in that area.  Brad Renner questioned whether the cost estimate is real and said to get bids for both alternates then make your decisions.  Little said it is more likely to be much higher when finally let, but Brennan said the estimate includes costs inflated to 2018.  Renner also mentioned that it is likely 1st street in Cedar Falls will be closed the same time. So everyone will need to use Highway 218, enter on right and get to left lane to turn to Maple Street.  Dennis Gerholdt also expressed the safety concerns of having to use Highway 218 because tractors and equipment move much slower and looking back to get across is difficult.  He thinks it might even be cheaper for contractor if bridge left open.  Jennifer Stevenson said she has a home based business and is a heart survivor so her concern is for the safety of her customers and that every second counts for safety/emergency services to reach the area. Pat Luloff shared those same safety/emergency services concerns.   Sheriff Tony Thompson said it is not just the Buck Ridge and the Turkey Foot residents that this affects, but the entire upper quadrant in the northwest corner of the county served by his staff and the Cedar Falls and Janesville fire departments.  Response from Union Road is difficult as it is.  If 1st St in Cedar Falls is closed, our most likely routes are through Janesville. Closing the road severely limits emergency response to probably more than 200 residence/businesses in that area so we have been advocating the parallel alignment option.  Marilyn Stabenow is concerned with the safety of school children with the additional traffic that will pass by Janesville Schools.  Scott Cook, Alan Carlson and Jim Bartholomew all echoed their concerns for safety and farm equipment on Highway 218.  Overall, the citizens said yes they will be inconvenienced, but safety is more important.

                Little said he thought the board should have had this information weeks ago and with this new information he is not ready to make a decision today.  Magsamen said other options should be considered if 1st St. in Cedar Falls will also be closed.  He said that with the Iowa Legislature’s final budget, the impact will only make things worse for County government and financing of future projects.  Brennan said the original schedule was to start drafting the Requests for Proposal this month.  The money is in the FY18 budget for the professional design work to begin around 7/1/17 to keep on schedule for the 2018 letting.  Schwartz felt the board rushed on the previous decision and is now ready to not rush on a decision.  Magsamen and Little agreed taking a week or two to absorb the new information and see if any other alternatives exist is a good idea.

 

Discussion/Possible Board Action to discuss various funding options for Alternate #2 for the alignment and replacement of the Cedar Wapsi Bridge located on Cedar Wapsi Road/Highway C57.  There was no discussion on funding the project as the final decision on which alternative might prevail continues.  See discussion in previous action.  

 

                County Attorney Brian Williams opened discussions regarding the funding of Drug Court for next fiscal year.  There is a shortfall in funding from the State.  All of the local players are still committed.  The expensed have gone up, but the money hasn’t increased.  Williams would commit $72,000 of his fine collection revenue to fill the gap for FY18.  First Judicial District Department of Correctional Services Director Ken Kolthoff said the Drug Court program has been in existence in Black Hawk County since 2005-2006 with a couple of years where it was discontinued for lack of funding. Kolthoff said their allocation was cut $150,000 going into next year and are looking at a million dollar deficit.  Twenty-five percent of their budget is dependent upon local dollars.  White said this program has saved a lot of lives and other Board member agreed that it is a great program.  Little said this should have been discussed at budget time so we could have allocated the money or pulled money from somewhere else if we wanted to.  The State keeps dropping stuff to local budgets, it keeps getting worse and he is tired of it.  Kolthoff agreed and encourage the board to let the State know they should stop mandating things to local government that they don’t provide the money for.

 

                ANY REPORTS OR INFORMATION FROM THE BOARD:  White said right now the 8th Honor Flight out of Waterloo is in Washington DC

 

                On motion and vote the meeting adjourned.

 

Frank Magsamen, Chair, Board of Supervisors                                

Helen R. Steffen, Systems/Real Estate Tax Manager