Dickinson County Board of Supervisors
Present are Supervisors Mardi Allen, Pam Jordan, Paul Johnson, Wayne Northey, and Chairperson David Gottsche.
The Pledge of Allegiance was recited to open the meeting.
Kathy Fahy present with an update on the dedication ceremonies brochure.
Stacey Rosemore, Okoboji Tourism, present with an update on the tourism committee’s activities and plans for upcoming summer season.
Moved by Allen, seconded by Jordan to approve the claims at hand on the claims register dated 2-24-09, following lengthy discussion concerning the claims for new courthouse project. Vote: ayes-Allen, Jordan, Johnson, Gottsche and nays-Northey. Motion carried.
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CLAIMS LISTING 2-24-09 |
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AHLERS & COONEY P.C. |
SERVICE |
1,536.73 |
|
AIRGAS NORTH CENTRAL |
WELDING SUPPLIES |
98.42 |
|
ALLIANT ENERGY |
UTILITIES |
429.13 |
|
ALLTEL |
SERVICE |
290.80 |
|
ALPHA WIRELESS COMM CO |
EXPENSE |
4,811.45 |
|
ARNOLD MOTOR SUPPLY |
EXPENSE |
117.49 |
|
ATLAS STAMP & SEAL CO. |
SUPPLIES |
9.00 |
|
ATLAS STAMPS-SIGNS-ENGRAVING |
SUPPLIES |
17.60 |
|
BLACK HILLS ENERGY |
UTILITIES |
1,796.26 |
|
BOB BARKER COMPANY INC. |
SUPPLIES |
238.00 |
|
BOMGAARS SUPPLY INC. |
SUPPLIES |
952.56 |
|
BORTSCHELLER, JAN |
EXPENSE |
77.00 |
|
CANNON MOSS BRYGGER & ASSOC. |
EXPENSE |
5,257.32 |
|
CARPENTER UNIFORM CO |
SUPPLIES |
744.77 |
|
COMMUNITY SERVICES ASSOC. |
DUES |
50.00 |
|
COOPERATIVE ELEVATOR ASSOC. |
FUEL |
6,229.12 |
|
CRITTENTON CENTER |
EXPENSE |
1,029.84 |
|
CRYSTEEL TRUCK EQUIP INC |
EXPENSE |
1,167.87 |
|
CUSTOM CREATIONS |
SUPPLIES |
105.50 |
|
DATA MAXX APPLIED TECH.INC. |
EXPENSE |
148.40 |
|
DEPT.OF HUMAN SERVICES |
SERVICE |
42,838.41 |
|
DEPT.OF HUMAN SERVICES |
SERVICE |
2,789.29 |
|
DEPT.OF HUMAN SERVICES |
SERVICE |
975.54 |
|
DICKINSON CO AUDITOR |
PUBLICATIONS |
52.82 |
|
DICKINSON CO SHERIFF |
EXPENSE |
48.54 |
|
DICKINSON CO SHERIFF |
EXPENSE |
146.05 |
|
DICKINSON CO.PUBLIC HEALTH |
SERVICE |
5,833.33 |
|
DICKINSON COUNTY NEWS |
PUBLICATIONS |
1,603.29 |
|
EICHMAN, JACK |
EXPENSE |
6.60 |
|
ENVIRONMENTAL SERV.OF IA INC. |
EXPENSE |
2,090.00 |
|
EVERTEK INC. |
SERVICE |
48.07 |
|
EXCEPTIONAL OPP. INC |
SERVICE |
948.60 |
|
FERRELLGAS |
EXPENSE |
810.82 |
|
FICK'S ACE HARDWARE |
EXPENSE |
165.92 |
|
FIDLAR COMPANIES |
EXPENSE |
605.74 |
|
GRAHAM TIRE COMPANY |
TIRES |
20.52 |
|
GREAT LAKES DENTAL CNTR |
EXPENSE |
88.00 |
|
GREEN PLAINS GRAIN CO.LLC |
EXPENSE |
1,011.57 |
|
HANSON, CATHY |
EXPENSE |
222.20 |
|
HECKENLIVELY, RICHARD |
REIMBURSEMENTS |
29.58 |
|
HOLIDAY INN |
LODGING |
308.00 |
|
HOPE HAVEN INC |
EXPENSE |
452.97 |
|
HORIZON'S UNLIMITED |
EXPENSE |
2,872.42 |
|
HUMANE SOCIETY OF NW IA. |
EXPENSE |
200.00 |
|
HYDRO-KLEAN |
EXPENSE |
500.00 |
|
HY-VEE INC. |
SUPPLIES |
37.21 |
|
IA LAKES ELECTRIC COOP |
SERVICE |
893.99 |
|
IA LAKES REGIONAL WATER |
SERVICE |
82.65 |
|
IACCB DISTRICT III |
EXPENSE |
30.00 |
|
IACCVA |
EXPENSE |
30.00 |
|
ID WHOLESALER |
SUPPLIES |
107.90 |
|
IDAHO SEWING FOR SPORTS INC. |
SUPPLIES |
91.74 |
|
IDNR-STORM WATER COORDINATOR |
STORMWATER PERM 240 AVE (PEORIA) |
350.00 |
|
IGL SANITARY DISTRICT |
SERVICE |
1,313.05 |
|
IPHA |
EXPENSE REGISTRATION FEE |
130.00 |
|
ISAC |
EXPENSE-MEETING |
330.00 |
|
ISSDA |
EXPENSE-SCHOOL |
105.00 |
|
JOHN'S TIRE SERVICE |
TIRES |
570.28 |
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JULIUS, ALISSA |
EXPENSE |
85.40 |
|
KAMRATH, JULIE |
EXPENSE-(JP) |
250.00 |
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KARDELL COMPANY |
PARTS |
65.00 |
|
KATHLEENS CARE INC |
EXPENSE |
744.00 |
|
KEITH'S SNOW REMOVAL |
SERVICE |
80.00 |
|
K'S INDUSTRIAL SUPPLY |
SUPPLIES |
294.54 |
|
KUOO RADIO |
EXPENSE |
359.00 |
|
LAKE PARK AUTO PARTS |
SUPPLIES |
72.07 |
|
LAKE PARK AUTO REPAIR INC. |
EXPENSE |
49.85 |
|
LAKE PARK MUN UTILITIES |
UTILITIES |
1,684.13 |
|
LAKES FAMILY PRACTICE |
EXPENSE |
53.00 |
|
LAKES PRINT |
SUPPLIES |
249.38 |
|
LAKES REGIONAL HEALTHCARE |
SAFETY |
5,799.37 |
|
LASER CAR WASH |
EXPENSE |
96.26 |
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LAWSON PRODUCTS INC |
PARTS |
781.90 |
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LEWIS FAMILY DRUG L.L.C. |
EXPENSE |
189.98 |
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LONG LINES |
EXPENSE |
147.34 |
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LUBY'S LLC |
TIRES |
1,052.78 |
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MARC |
PARTS |
427.69 |
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MATT PARROTT & SONS CO |
SUPPLIES |
48.03 |
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MCHAN CONSTRUCTION INC. |
EXPENSE |
30,207.00 |
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MHR INSURANCE |
EXPENSE |
1,359.00 |
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MIDWEST OFFICE AUTOMATION |
SERVICE |
78.00 |
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MUESKE ELECTRIC |
EXPENSE |
3,485.00 |
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MUMM, JENNA L |
SERVICES |
103.00 |
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NAI REGION 8 |
NAI WORKSHOP BARB AND CHARLES |
270.00 |
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NORTH IA TRANSITION CNTR |
SERVICE |
2,982.51 |
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NORTHERN IOWA CONST PROD |
CULVERT |
11,135.00 |
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OFFICE SYSTEMS CO. |
EXPENSE |
60.00 |
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OLSON, DR. BRETT |
EXPENSE |
9.35 |
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OLSON, TERRY |
EXPENSE |
900.00 |
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OSCEOLA CO RURAL WATER SYS.INC |
EXPENSE HORSHOE BEND |
35.60 |
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PLYMOUTH LIFE INC. |
SERVICE JANUARY RESIDENTIAL |
3,356.06 |
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QWEST |
COURTHOUSE PHONE SERVICE |
955.47 |
|
QWEST |
SERVICE |
1,472.94 |
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R.D. DRENKOW & CO. |
EXPENSE |
45.00 |
|
RYLIN OFFICE TECH.INC. |
SUPPLIES |
35.16 |
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SANDY LAW FIRM |
EXPENSE-MH #1488 (ND) |
109.62 |
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SCHINDLER ELEVATOR CORP. |
SERVICE BILL ID 1115129 |
3,048.17 |
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SEASONS CENTER FOR CMH |
SERVICE |
10,090.58 |
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SHARE CORP |
LUBE |
202.91 |
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SNEDEKER, SHERRY |
EXPENSE-(MD) |
250.00 |
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SPENCER HOSPITAL |
EXPENSE 1-22-1-27 (DW) |
3,000.00 |
|
SPENCER HOSPITAL CLINICS |
EXPENSE (CF) |
272.00 |
|
SPENCER OFFICE SUPPLIES |
SUPPLIES |
157.14 |
|
SPENCER PSYCHIATRY |
EXPENSE-MENTAL HEALTH |
320.00 |
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SPIRIT LAKE PARTS CITY |
PARTS |
16.21 |
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SPIRIT LAKE, CITY OF |
SERVICE |
124.54 |
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ST LUKES REGIONAL MED CENTER |
RDT |
72.00 |
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STATE STEEL SUPPLY CO |
SIGNS |
265.25 |
|
STOREY KENWORTHY |
EXPENSE |
630.86 |
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SUMMERS, MELANIE |
EXPENSE-MELANIE SUMMERS |
215.00 |
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SUNSHINE SERVICES INC |
EXPENSE 30 21 005 |
1,313.98 |
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SUPERIOR TELEPHONE |
SERVICE |
430.02 |
|
T&T MATS |
SERVICE |
40.00 |
|
TAGAMI, BARBARA |
EXPENSE |
173.71 |
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TERRIL TELEPHONE COOPERATIVE |
SERVICE |
208.52 |
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TEXAS REFINERY CORP. |
OIL |
351.00 |
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TOMS PLUMBING & HEATING |
EXPENSE |
186.48 |
|
TOWN & COUNTRY |
SERVICE |
128.24 |
|
TRI-STATE LITHO LTD |
SUPPLIES |
69.00 |
|
TRUE VALUE-MILFORD |
SUPPLIES |
196.81 |
|
TUNGLAND, LANCE |
MILEAGE |
242.00 |
|
UNITED STATES TREASURY |
BOND YIELD REDUCTION PMT. |
45,502.04 |
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VANDERHAAG'S INC |
PARTS |
110.37 |
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VANDERVEEN, VERLYN |
SAFETY |
40.00 |
|
VIGDAL, CHARLES |
EXPENSE |
340.28 |
|
WALMART COMMUNITY |
INV TR 02151 SUPPLIES |
29.13 |
|
WRIGHT EXPRESS |
EXPENSE |
3.64 |
|
YOUTH & FAMILY RESOURCE SERV. |
EXPENSE SHELTER |
933.00 |
|
ZIEGLER INC. |
PARTS |
983.23 |
|
ZWEIBAHMER, CHARLES |
SAFETY |
40.00 |
|
GRAND TOTAL |
232,961.90 |
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FUND TOTALS RECAP |
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0001 GENERAL BASIC FUND |
45,403.50 |
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0010 MH-DD SERVICES FUND |
69,940.03 |
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0011 RURAL BASIC FUND |
84.42 |
|
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0014 WASTE REDUCTION FUND |
2,829.66 |
|
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0020 SECONDARY ROAD FUND |
26,721.41 |
|
|
0027 CONSERVATION LAND ACQUISTION |
488.91 |
|
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0032 EAST OKOBOJI BEACH SEWR FUND |
1,536.73 |
|
|
0410 DD1-MAIN |
926.41 |
|
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0411 DD5-MOD |
26.41 |
|
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1600 CAPITAL PROJECTS-COURTHOUSE |
80,846.24 |
|
|
4000 EMERGENCY MANAGEMENT |
222.46 |
|
|
4010 E-911 SURCHARGES |
3,935.72 |
|
|
GRAND TOTAL |
232,961.90 |
The Board discussed a date and time for the dedication ceremony for the courthouse. It was decided that the program and open house will be June 14, 2009, beginning at 1:00 P.M. with tours of the open offices following until 3:00 P.M.
Tom Fleming, Wellmark BC/BS, present with annual report on county’s health insurance package for employees. Information for the ISAC group, of which the county is a participant, was also presented to the board for review.
The Board of Supervisors of Dickinson Country, State of Iowa, met in regular session, in the Dickinson County Courthouse, 1802 Hill AVenue, Suite 1500, spirit Lake, Iowa, at 10:30 o’clock A.M. on the above date. There were present Chairperson David Gottsche, in the chair, and the following named Board Members:
Mardi Allen, Pam Jordan, Paul Johnson, Wayne Northey
Absent: None
The Chairperson asked the Auditor whether any petition had been filed in the Auditor’s Office, as contemplated in Section 331.306 of the Code of Iowa, and the Auditor reported that no such petition had been filed, requesting that the question of issuing General Obligation Bonds be submitted to the qualified electors of the County.
The Chairperson announced that this was the time and place of the public hearing and meeting on the matter of the issuance of not to exceed $750,000 General Obligation Bonds, Series 2009C, in order to provide funds to pay costs of aiding in the planning, undertaking and carrying out of one or more urban renewal projects, including construction of road, water, sewer and storm sewer improvements, right of way acquisition and other related work in the Orleans/Dickinson County Urban Renewal Area, an essential county purpose, and that notice of the proposed action by the Board to institute proceedings for the issuance of bonds, had been published pursuant to the provisions of Sections 331.441, 331.443 and 403.12 of the Code of Iowa.
The Chairperson then asked the Auditor whether any written objections had been filed by any county resident or property owner to the issuance of the bonds. The Auditor advised that no written objections had been field. The Chairperson then called for oral objections to the issuance of the bonds and none were made. Whereupon, the Chairperson declared the time for receiving oral and written objections to be closed.
The Board then considered the proposed action and the extent of objections thereto.
Whereupon, Board Member Northey introduced and delivered to the Auditor the Resolution hereinafter set out entitled ‘RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $750,000 GENERAL OBLIGATION BONDS, SERIES 2009C”, and moved its adoption. Board Member Allen seconded the motion to adopt. The roll was called and the vote was,
AYES: Jordan, Allen, Johnson, Northey, Gottsche
NAYS: None
Whereupon, the Chairperson declared the Resolution duly adopted as follows:
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $750,000 GENERAL OBLIGATION BONDS, SERIES 2009C
WHEREAS, pursuant to notice published as required by law, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $750,000 General Obligation bonds, Series 2009C, for the essential county purpose of paying costs of aiding in the planning, undertaking and carrying out of one or more urban renewal projects, including construction of road, water, sewer and storm sewer improvements, right of way acquisition and other related work in the Orleans/Dickinson County Urban Renewal Area, and has considered the extent of objections received from residents or property owners as to the proposed issuance of bonds and no petition has been field; and, accordingly the following action is now considered to be in the best interests of the County and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS FO THE COUNTY OF DICKINSON, STATE OF IOWA:
Section 1. That this Board odes hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $750,000 General Obligation Bonds, Series 2009C, for the foregoing essential county purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the County reasonably expects to reimburse with the proceeds of the bonds, all or a portion of original expenditures incurred in connection with the above purpose.
PASSED AND APPROVED this 24th day of February, 2009.
Board Member Northey introduced the following Resolution entitled “RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $700,000 GENERAL OBLIGATION BONDS, SERIES 2009C, AND APPROVING ELECTRONIC BIDDING PROCEDURES”, and moved its adoption. Board Member Johnson seconded the motion to adopt. The roll was called and the vote was,
AYES: Allen, Jordan, Johnson, Gottsche, Northey
NAYS: None
Whereupon, the Chairperson declared the Resolution duly adopted as follows:
RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE FO $700,000 GENERAL OBLIGATION BONDS, SERIES 2009C, AND APPROVING ELECTRONIC BIDDING PROCEDURES
WHEREAS, it is deemed necessary and advisable that the County of Dickinson, State of Iowa, should issue General Obligation Bonds, series 2009C, to the amount of $700,000, as authorized by Sections 331.441, 331.443 and 403.12 of the Code of Iowa, for the purpose of providing funds to pay costs of aiding in the planning, undertaking and carrying out of one or more urban renewal projects, including construction of road, water, sewer and storm sewer improvements, right of way acquisition and other related work in the Orleans/Dickinson County Urban Renewal Area; and
WHEREAS, before the bonds may be issued, it was necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue not to exceed $750,000 of General Obligation Bonds, series 2009C, and the board has considered the extent of objections received from residents or property owners as to said proposal and no petition having been filed, the Board has determined to proceed with the issuance of the Bonds; and
WHEREAS, the Board has or will receive information from its Financial Consultant evaluating and recommending the procedure hereinafter described for electronic bidding, facsimiled and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and
WHEREAS, the Board deems it in the best interests of the County and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication; and
WHEREAS, none of the bonds have been issued and it is deemed advisable and necessary by this Board that bonds to the extent of $700,000 be now offered for sale for the aforesaid purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF DICKINSON, IN THE STATE OF IOWA:
Section 1. That the receipt of electronic bids by facsimile machine and through the PARITY competitive bidding system described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale.
Section 2. That General Obligation Bonds, Series 2009C, of Dickinson County, Iowa, in the amount of $700,000, to be issued as referred to in the preamble of this Resolution, to be dated April 1, 2009, be offered for sale pursuant to the published advertisement.
Section 3. That the County Treasurer be and is hereby authorized and directed to publish notice of the sale of bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the “Dickinson County News”, a legal newspaper, printed wholly in the English language, published within the County in which the bonds are to be offered for sale or an adjacent County. Sale notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Board, on the 24th day of March, 2009, at 10:30 o’clock A.M. will hold a meeting to act upon bids for said bonds, which were previously received and opened by the County Officials at 10:00 o’clock A.M. on said date. The notice shall be in substantially the following form:
NOTICE OF BOND SALE
Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds, Series 2009C, of the County of Dickinson, Iowa, will be received at the office of the County Treasurer, in the City of Spirit Lake, Iowa (the “Issuer”) at 10:00 o’clock A.M. on the 24th day of March, 2009. The bids will then be publicly opened and referred for action to the meeting of the Board of Supervisors in conformity with the TERMS OF OFFERING.
The Bonds: The Bonds to be offered are the following:
GENERAL OBLIGATION BONDS, SERIES 2009C, in the principal amount of $700,000* to be dated April 1, 2009 (the “Bonds”).
*Principal Adjustment: The Issuer reserves the right to increase or decrease the aggregate principal amount of the General Obligation Bond Issue by an amount not to exceed $50,000. Such change will be in increments of $5,000 and may be made in any of the maturities. The purchase price of the issue will be adjusted proportionately to reflect any change in issue size.
Manner of Biding: Open bids will not be received. Bids will be received in any of the following methods:
· Sealed Bidding: Sealed bids may be submitted and will be received at the office of the County Treasurer of the County of Dickinson, State of Iowa.
· Electronic Bidding: Electronic internet bids will be received at the office of the County Treasurer of the County of Dickinson, State of Iowa. The bids must be submitted through the PARITY competitive bidding system.
· Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the County Treasurer of the County of Dickinson, State of Iowa. Electronic facsimile bids will be sealed and treated as sealed bids.
Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic internet bids will be accessed and announced.
Sale and Award: The sale and award of the Bonds will be held at the Dickinson County Courthouse, 1802 Hill Avenue, Suite 1500, Spirit Lake, Iowa, at a meeting of the Board of Supervisors on the above date at 10:30 o’clock A.M.
Official Statement: The Issuer will issue an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the County Treasurer, Dickinson County Courthouse, 1802 Hill Avenue, Suite 1400, Spirit Lake, Iowa, (712)336-3356 or the County’s Financial Consultant, Tim Oswald, Piper Jaffray & Co., 3900 Ingersoll Avenue, Suite 110, Des Moines, Iowa 50312 – Telephone: (515) 247-2358.
Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement.
Legal Opinion: The Bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed Bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the Bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the Bonds.
Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public.
By order of the Board of Supervisors of Dickinson County, State of Iowa.
Kris Rowley
Treasurer of Dickinson County,
State of Iowa
(End of Notice)
Section 4. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed.
PASSED AND APPROVED THIS 24TH DAY OF FEBRUARY, 2009.
County Engineer present. Moved by Northey, seconded by Jordan to approve the recommendation of the engineer and approve the contract and bond in the amount of $1,656,210.55 with Wicks Construction Inc., of Decorah, Iowa, for Project No. STP-S-CO30 (34), the project is also known as the Peoria Avenue Reconstruction Project. The road will be closed to through traffic during construction and a posted detour will use Hill Avenue between Highway 9 and 140th Street. All voted aye.
Moved by Northey, seconded by Johnson to concur with the recommendation of the engineer and approve Motor Inn of Spirit Lake, IA as the low bid to replace the Co. Engineer’s vehicle for (Expedition) $27,136.00. In addition, approve Karl Chevrolet of Des Moines, Iowa, as the low bid to replace the survey vehicle (Suburban) of $30,593.00. Roll call vote:
AYES: Northey, Johnson, Gottsche
NAYS: Allen, Jordan
Moved by Johnson, seconded by Allen to reconsider intersection light at 240th Avenue & 175th Street due to the cost of approximately $15,000 for installation and there is a planned housing development along 175th Street, to delay intersection light until after the Spirit Lake Development this summer. All voted aye.
11:00 A.M. The Chairperson announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of $10,000,000 General Obligation Refunding Capital Loan Notes, Series 2009B, in order to provide funds to pay costs of refunding the outstanding General Obligation Bonds, Series 2003, an essential county purpose, and that notice of the proposed action by the board to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes, had been published pursuant to the provisions of Sections 331.402, 331.441 and 331.443 of the Code of Iowa, as amended.
The Chairperson then asked the Auditor whether any written objections had been filed by any county resident or property owner to the proposal. The Auditor advised the Chairperson and the Board that no written objections had been filed. The Chairperson then called for oral objections to the proposal and none were made. Whereupon, the Chairperson declared the time or receiving oral and written objections to be closed. The Board then considered the proposed action and the extent of objections thereto.
Whereupon, Board Member Allen introduced and delivered to the Auditor the Resolution hereinafter set out entitled “RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $10,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009B” and moved that the Resolution be adopted. Board Member Northey seconded by motion. The roll was called and the vote was,
AYES: Jordan, Allen, Johnson, Northey, Gottsche
NAYS: None
Whereupon, the Chairperson declared the measure duly adopted.
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $10,000,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009B
WHEREAS, pursuant to notice published as required by law, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of $10,000,000 General Obligation Refunding Capital Loan Notes, Series 2009B, for the purpose of paying costs of refunding the outstanding General Obligation Bonds, Series 2003, and has considered the extent of objections received from residents or property owners as to the proposal and, accordingly the following action is now considered to be in the best interests of the County and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF DICKINSON COUNTY, STATE OF IOWA:
Section 1. That this Board does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of $10,000,000 General Obligation Refunding Capital Loan Notes, Series 2009B, to evidence the obligation thereof for the foregoing purpose.
PASSED AND APPROVED THIS 24th day of February, 2009.
Board Member Allen introduced the following Resolution entitled “RESOLUTION APPROVING ELECTRONIC BIDDING PROCEDURES AND APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR THE $10,000,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES SERIES 2009B” and moved its adoption. Board Member Northey seconded the Resolution to adopt. The roll was called and the voted was,
AYES: Jordan, Allen, Johnson, Northey, Gottsche
NAYS: None
Whereupon, the Chairperson declared the resolution duly adopted as follows:
RESOLUTION APPROVING ELECTRONIC BIDDING PROCEDURES AND APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR THE $10,000,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009B
WHEREAS, a preliminary form of Official statement has been prepared for the purpose of offering the $10,000,000 General Obligation Refunding Capital Loan Notes Series 2009B, for sale to pay costs of refunding the outstanding General Obligation Bonds, Series 2003; and
WHEREAS, it is appropriate that the form of the Preliminary Official Statement be approved and deemed final and, upon completion of the same, that the Preliminary Official statement be used in connection with the offering of the Notes for sale; and
WHEREAS, the County has received information from its Financial Consultant evaluating and recommending the procedure hereinafter described for electronic facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and
WHEREAS, the Board deems it in the best interests of the County and the residents thereof to received bids to purchase such Notes by means of both sealed and electronic internet communication.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF DICKINSON, STATE OF IOWA:
Section 1. The Preliminary Official Statement in the form presented to this meeting be and the same is hereby approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the County Treasurer, upon the advice of bond counsel and the County’s Financial Consultant, shall determine to be appropriate, and is authorized to be distributed thereafter in connection with the offering of the Notes for sale.
Section 2. That the receipt of electronic bids by facsimile machine and through the PARITY competitive bidding system are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale.
Section 3. That General Obligation Refunding Capital Loan Notes, Series 2009B, in the aggregate amount of $10,000,000, to be dated April 1, 2009, shall be offered for sale.
PASSED AND APPROVED this 24th day of February, 2009. All voted aye.
Board Member Allen introduced the following Resolution entitled “RESOLUTION APPROVING CONSTRUCTION CONTRACT AND BOND”, and moved its adoption. Board Member Jordan seconded the motion to adopt. The roll was called and the vote was,
AYES: Jordan, Allen, Johnson, Northey, Gottsche
NAYS: None
Whereupon, the Chairperson declared the following Resolution duly adopted:
RESOLUTION APPROVING CONSTRUCTION CONTRACT AND BOND
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF DICKINSON COUNTY, IOWA:
That the construction contract and bond executed and insurance coverage for the construction of certain public improvements described in general as construction of the roads and drainage in East Okoboji Beach, together with miscellaneous related work, and as described in East Okoboji Beach, together with miscellaneous related work, and as described in detail in the plans and specifications heretofore approved, and which have been signed by the Chairperson and Auditor on behalf of the County be and the same are hereby approved as follows:
Contractor: Beck Excavating, Inc., of Spirit Lake
Date of contract: January 27, 2009
Bond surety: United Fire and Casualty Company
Date of bond: January 27, 2009
Portion of project: All construction work
PASSED AND APPROVED THIS 24TH DAY OF FEBRUARY, 2009.
Board Member Allen introduced the following Resolution entitled “RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $3,190,000 GENERAL OBLIGATION BONDS, SERIES 2009A, AND APPROVING ELECTRONIC BIDDING PROCEDURES”, and moved its adoption. Board Member Northey seconded the motion to adopt. The roll was called and the vote was,
AYES: Jordan, Allen, Johnson, Northey, Gottsche
NAYS: None
Whereupon, the Chairperson declared the Resolution duly adopted as follows:
RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF #3,190,000 GENERAL OBLIGATION BONDS, SERIES 2009A, AND APPROVING ELECTRONIC BIDDING PROCEDURES
WHEREAS, it is deemed necessary and advisable that the County of Dickinson, State of Iowa, should issue General Obligation Bonds, Series 2009A, to the amount of $3,190,000, as authorized by Sections 331.441, 331.443 and 403.12 of the Code of Iowa, for the purpose of providing funds to pay costs of aiding in the planning, undertaking and carrying out of one or more urban renewal projects, including construction of road, water, sewer and storm sewer improvements, right of way acquisition and other related work in the East Okoboji Beach Urban Renewal Area; and
WHEREAS, before the bonds may be issued, it was necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue not to exceed $4,000,000 of General Obligation Bonds, Series 2009A, and that Board has considered the extent of objections received from residents or property owners as to said proposal and no petition for an election having been filed, the Board has determined to proceed with the issuance of $3,190,000 of Bonds; and
WHEREAS, the Board has or will receive information from its Financial Consultant evaluating and recommending the procedure hereinafter described for electronic biddings, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and
WHEREAS, the Board deems it in the best interests of the County and the residents thereof to receive bids o purchase such Bonds by means of both sealed and electronic internet communication; and
WHEREAS, none of the bonds have been issued and it is deemed advisable and necessary by this Board that bonds to the extent of $3,190,000 be now offered for sale for the aforesaid purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF DICKINSON, IN THE STATE OF IOWA:
Section 1. That the receipt of electronic bids by facsimile machine and through the PARITY competitive bidding system described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale.
Section 2. That General Obligation bonds, Series 2009A, of Dickinson County, Iowa, in the amount of $3,190,000, to be issued as referred to in the preamble of this Resolution, to be dated May 1, 2009, be offered for sale pursuant to the published advertisement.
Section 3. That the County Treasurer be and is hereby authorized and directed to publish notice of the sale of bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the “Dickinson County News”, a legal newspaper, printed wholly in the English language, published within the County in which the bonds are to be offered for sale or an adjacent County. Sale notice is given pursuant to Chapter 75 of the Code of Iowa and shall state that this Board, on the 24th day of March, 2009, at 11:30 o’clock A.M. will hold a meeting to act upon bids for said Bonds, which bids were previously received and opened by the County Officials at 11:00 o’clock A.M. on said date. The Notice shall be in substantially the following form:
NOTICE OF BOND SALE
Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds, Series 2009A, of the County of Dickinson, Iowa, will be received at the office of the County Treasurer, in the City of Spirit Lake, Iowa (the “Issuer”) at 11:00 o’clock A.M. on the 24th day of March, 2009. The bids will then be publicly opened and referred for action to the meeting of the Board of Supervisors in conformity with the TERMS OF OFFERING.
The Bonds: The Bonds to be offered are the following:
GENERAL OBLIGATION BONDS, SERIES 2009A, in the principal
amount of $3,190,000* to be dated May 1, 2009 (the “Bonds”).
*Principal Adjustment: The Issuer reserves the right to increase or decrease the aggregate principal amount of the General Obligation Bond Issue by an amount not to exceed $810,000. Such change will be in increments of $5,000 and may be made in any of the maturities. The purchase price of the issue will be adjusted proportionately to reflect any change in issue size.
Manner of Biding: Open bids will not be received. Bids will be received in any of the following methods:
· Sealed Bidding: Sealed bids may be submitted and will be received at the office of the County Treasurer of the County of Dickinson, State of Iowa.
· Electronic Bidding: Electronic internet bids will be received at the office of the County Treasurer of the County of Dickinson, State of Iowa. The bids must be submitted through the PARITY competitive bidding system.
· Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the County Treasurer of the County of Dickinson, State of Iowa. Electronic facsimile bids will be sealed and treated as sealed bids.
Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic internet bids will be accessed and announced.
Sale and Award: The sale and award of the Bonds will be held at the Dickinson County Courthouse, 1802 Hill Avenue, Suite 1500, Spirit Lake, Iowa, at a meeting of the Board of Supervisors on the above date at 11:30 o’clock A.M.
Official Statement: The Issuer will issue an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the County Treasurer, Dickinson County Courthouse, 1802 Hill Avenue, Suite 1400, Spirit Lake, Iowa, (712)336-3356 or the County’s Financial Consultant, Tim Oswald, Piper Jaffray & Co., 3900 Ingersoll Avenue, Suite 110, Des Moines, Iowa 50312 – Telephone: (515) 247-2358.
Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement.
Legal Opinion: The Bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed Bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the Bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the Bonds.
Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public.
By order of the Board of Supervisors of Dickinson County, State of Iowa.
Kris Rowley
Treasurer of Dickinson County
State of Iowa
(End of Notice)
Section 4. That all resolutions or part of resolutions in conflict herewith be and the same are hereby repealed.
PASSED AND APPROVED this 24th day of February, 2009.
Board Member Allen introduced the following Resolution entitled “RESOLUTION APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR THE $3,190,000 GENERAL OBLIGATION BONDS, SERIES 2009A” and moved its adoption. Board Member Northey seconded the Resolution to adopt. The roll was called and the vote was,
AYES: Allen, Jordan, Johnson, Northey, Gottsche
NAYS: None
Whereupon, the Chairperson declared the resolution duly adopted as follows:
RESOLUTION APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR THE $3,190,000 GENERAL OBLIGATION BONDS, SERIES 2009A
WHEREAS, a preliminary form of Official Statement has been prepared for the purpose of offering the $3,190,000 General Obligation Bonds, Series 2009A, for sale to the public to pay costs of aiding in the planning, undertaking and carrying out of one or more urban renewal projects, including construction of road, water, sewer and storm sewer improvements, right of way acquisition and other related work in the East Okoboji Beach Urban Renewal Area: and
WHEREAS, it is appropriate that the form of the Preliminary Official statement be approved and deemed final and, upon completion of the same, that the Preliminary Official Statement be used in connection with the offering of the Bonds for sale to the public;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE COUNTY OF DICKINSON, STATE OF IOWA:
Section 1. The Preliminary Official Statement in the form presented to this meeting be and the same is hereby approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the County Treasurer upon the advice of Bond Counsel and the County’s Financial Consultant, shall determine to be appropriate, and is authorized to be distributed thereafter in connection with the offering of the Bonds for sale.
Section 2. That General Obligation Bonds, Series 2009A, in the aggregate amount of $3,190,000, to be dated May 1, 2009, shall be offered for sale.
PASSED AND APPROVED THIS 24TH DAY OF February, 2009.
Milford City Administrator present to discuss the proposed Lower Gar Outlet Project. The City was requesting that a number of items related to the project be clarified, including time frame, and agreements. Several items of information were presented to the board from the city. The Chairperson of the Board of Supervisors and the Milford City Administrator will set up in the near future a joint meeting between the two entities to discuss the culvert project and try to work out an agreement.
There being no further items for business presented before the Board, it was moved by Allen, seconded by Johnson to adjourn. All voted aye.
____________________________________David Gottsche, Chairperson
____________________________________Nancy Reiman, Auditor