Board of Supervisors Minutes
October 2018

October 2, 2018:

The Fremont County Board of Supervisors met in regular session on Tuesday, October 2, 2018, in the Fremont County Courthouse Boardroom, with Hickey, Graham, and Hendrickson present. A quorum was declared, and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous board session were read and approved. 

Also present for this meeting was Sandy Parmenter with the Valley News Today. 

The board held a conference call with Michael Hart from Northland Securities. He discussed the following resolution, bond sale summary, and bond purchase proposal. 

Board Member Hickey introduced the following Resolution entitled "RESOLUTION DIRECTING THE ACCEPTANCE OF A PROPOSAL TO PURCHASE NOT TO EXCEED $1,950,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2018A" and moved that it be adopted.  Board Member Graham seconded the motion to adopt, and the roll being called thereon, the vote was as follows:

AYES:    Randy Hickey, Chairman; Terry Graham, Vice-Chairman
NAYS:    Earl Hendrickson, Member               

Whereupon, the Chairperson declared the Resolution duly adopted as follows:

RESOLUTION NO. 2018-54

RESOLUTION DIRECTING THE ACCEPTANCE OF A PROPOSAL TO PURCHASE NOT TO EXCEED $1,950,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2018A

WHEREAS, Fremont County, sometimes hereinafter referred to as the County, is a political subdivision duly incorporated, organized and existing under and by virtue of the Constitution and laws of the State of Iowa; and

WHEREAS, it is deemed necessary that the County should enter into a Loan Agreement and borrow the amount of not to exceed $1,950,000 as authorized by Sections 331.402 and 331.443, Code of Iowa as amended; and

WHEREAS, a proposal has been received from Northland Securities, Inc. of Minneapolis, Minnesota; and

WHEREAS, it is the intention of this Board of Supervisors to enter into a Loan Agreement in accordance with said proposal dated October 1st, 2018.

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

Section 1. That this Board of Supervisors does hereby accept the attached proposal of Northland Securities, Inc. of Minneapolis, Minnesota, and takes additional action to permit the entering into of a Loan Agreement.   

Section 2. The Chairperson and County Auditor are authorized and directed to proceed on behalf of the County to enter into such Loan Agreement, to negotiate the final terms of a Loan Agreement to take all action necessary to permit the entering into of a Loan Agreement on a basis favorable to the County and acceptable to the Purchaser, and to proceed to meet the conditions of this accepted proposal.

PASSED AND APPROVED this 2nd day of October, 2018.

/s/ Randy Hickey
     Chairperson, Board of Supervisors

ATTEST:

/s/ Dee Owen 
     County Auditor                                                  

Honorable County Board
Fremont County, Iowa

Dear Board Members:

We understand that you desire to issue $1,870,000 General Obligation Capital Loan Notes, Series 2018A (the “Bonds”).  Accordingly, we propose as follows:

We agree to purchase $1,870,000 General Obligation Capital Loan Notes, Series 2018A to be dated October 24, 2018 and to mature June 1, 2020 - 2029.  We agree to pay for the Bonds $1,891,236.15 plus accrued interest, if any, to the date of settlement.

The Bonds are to be payable at Bankers Trust Company, Des Moines, Iowa, as paying agent and registrar. Interest is to be payable on June 1, 2019 and semiannually thereafter.  The Bonds will have the following interest rates and will mature or be subject to mandatory redemption on June 1 in the years and amounts as follows:
 

All Bonds will be Book Entry and in multiples of $5,000. The average interest rate is 3.2292% and the TIC is 3.0297%.

Mandatory Redemption: This issue shall have one term bond maturing June 1, 2029 (2027 through 2029 maturities) which will have mandatory redemptions equal to the annual principal due as stated above.

Optional Redemption: Bonds maturing in the years 2027 through 2029, inclusive, are callable at the option of the Issuer in whole or in part on June 1, 2026, and on any date thereafter, at a price of par plus accrued interest.

This contract is made for prompt acceptance and subject to the approval of Ahlers & Cooney, P.C. (Bond Counsel) of Des Moines, Iowa, as to the legality and regularity of all proceedings taken in the issuance of the Bonds.

The Issuer agrees to pay the expenses of registering the Bonds and the fee of Bond Counsel, recognized municipal bond attorneys, in furnishing the necessary proceedings required to authorize the issuance of the Bonds.

Northland Securities, Inc. (the “Underwriter”) agrees to assist the Issuer in establishing the issue price of the Bonds.  For this purpose, the Issuer shall treat the initial offering price to the public of each maturity as the issue price of that maturity under the “hold-the-offering-price” rule.  The Underwriter shall execute and deliver to the Issuer at closing an “issue price” or similar certificate, together with the supporting pricing wires or equivalent communications, substantially in the form attached hereto as Exhibit A, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the Issuer and Bond Counsel, to accurately reflect the initial offering price or prices to the public of the Bonds.

Fremont County, Iowa

$1,870,000 General Obligation Capital Loan Notes, Series 2018A

The Underwriter confirms that it is the sole Underwriter of the Bonds and has offered the Bonds to the public on or before the date of this Bond Purchase Agreement at the offering price or prices (the “initial offering price”), or at the corresponding yield or yields, set forth in Exhibit A, attached hereto.  The Issuer and the Underwriter agree that the restrictions set forth in the next sentence shall apply, which will allow the Issuer to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity.  So long as the hold-the-offering-price rule remains applicable to any maturity of the Bonds, the Underwriter will neither offer nor sell unsold Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following:

(1)           the close of the fifth (5th) business day after the sale date; or

(2)           the date on which the Underwriter has sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public. 

The Underwriter shall notify the Issuer when it has sold 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public, if that occurs prior to the close of the fifth (5th) business day after the sale date.   

The Underwriter acknowledges that sales of any Bonds to any person that is a related party to the Underwriter shall not constitute sales to the public for purposes of this section. 

No Advisory or Fiduciary Role. The Fremont County, Iowa (“Issuer”) acknowledges and agrees that: (i) the transaction contemplated by this contract is an arm's length, commercial transaction between the Issuer and Northland Securities, Inc.(“NSI”) in which NSI is acting solely as a principal and is not acting as a municipal advisor, financial advisor or fiduciary to the Issuer; (ii) NSI has not assumed any advisory or fiduciary responsibility to the Issuer with respect to the transaction contemplated hereby and the discussions, undertakings and procedures leading thereto (irrespective of whether NSI has provided other services or is currently providing other services to the Issuer on other matters); (iii) the only obligations NSI has to the Issuer with respect to the transaction contemplated hereby are those expressly set forth in this contract and those set forth in applicable law and administrative rules and regulations, including but not limited to MSRB Rule G-17; and (iv) the Issuer has consulted its own legal, accounting, tax, financial and other advisors, as applicable, to the extent it has deemed appropriate.

Respectfully submitted this 1st day of October, 2018.

                NORTHLAND SECURITIES, INC.
                By:  Tom Bartzen, Head of Public Finance, Chief Credit Officer                        

The foregoing proposal was duly accepted by the Fremont County Board, Iowa, at 9:15 a.m. this 2nd day of October, 2018.

By: /s/ Randy Hickey    
           Board Chair

Attest: /s/ Dee Owen    
           County Auditor 

CERTIFICATE

STATE OF IOWA               )
                                         )SS
COUNTY OF FREMONT     )

I, the undersigned County Auditor of Fremont County, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the County showing proceedings of the Board, and the same is a true and complete copy of the action taken by the Board with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Board and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Board pursuant to the local rules of the Board and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective County offices as indicated therein, that no Board vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the County or the right of the individuals named therein as officers to their respective positions.

WITNESS my hand and the seal of the Board hereto affixed this 2nd day of October, 2018.

/s/ Dee Owen

County Auditor, Fremont County, State of Iowa 

Motion made by Hendrickson to approve the renewal of the Class C/Sunday Sales Beer Permit for The Junction (Cubby’s). Motion carried unanimously. 

Motion was made by Hendrickson to appoint Ruth Paper to the Tourism Board.  Motion carried unanimously. 

Engineer Dan Davis met with the board for approval of the following resolutions.

RESOLUTION FOR ROAD VACATION PUBLIC HEARING

Fremont County Resolution No. 2018-55

WHEREAS, a request has been filed with the County Engineer asking that action be taken to vacate and close a section of Fremont County Secondary Road, described as follows:

A portion of 277th Avenue; Commencing 984 ft more or less west of NE corner of section 34.  Thence Southerly 300ft to the point of beginning; Thence continuing southerly and westerly along the existing roadway to the South ¼ corner of Section 34 T70N, R42W of the 5th PM, Fremont County, Iowa.  See Exhibit A. (located in Auditor’s Office)

NOW, THEREFORE BE IT RESOLVED that a hearing on the proposed vacation will be held in the Board Room, Fremont County Courthouse, Sidney, Iowa 51652, at 9:00 A.M. on October 16^th, 2018 in accordance with Iowa Code Chapter 306.

Motion made by Hendrickson and seconded by Hickey.

Approved this 2nd day of October, 2018.
 

RESOLUTION FOR ROAD VACATION PUBLIC HEARING

Fremont County Resolution No. 2018-56

WHEREAS, a request has been filed with the County Engineer asking that action be taken to vacate and close a section of Fremont County Secondary Road, described as follows:

Road No. 14 (335th Ave.) Beginning at the S ¼ Cor. Of Sec. 16, T67N, R41W of the 5th P.M., thence North to the center of said Sec. 16-67-41, Thence North along the West line of the NE ¼ of said Section 16, 238 feet more of less to the South Easterly Right of Way of 295th Street, the point of termination approximately 0.55 Mile in length. See exhibit A. (located in Auditor’s Office)

NOW, THEREFORE BE IT RESOLVED that a hearing on the proposed vacation will be held in the Board Room, Fremont County Courthouse, Sidney, Iowa 51652, at 9:30 A.M. on October 16^th, 2018 in accordance with Iowa Code Chapter 306.

Motion made by Hendrickson and seconded by Hickey.

Approved this 2nd day of October, 2018.
 

Claims were approved for October 5, 2018. 

At 9:50 a.m., there being no further business, Graham made a motion to adjourn. Motion carried unanimously.

ATTEST:

Fremont County Auditor                                                                                Randy Hickey, Chairman

October 9, 2018:

The Fremont County Board of Supervisors met in regular session on Tuesday, October 9, 2018, in the Fremont County Courthouse Boardroom, with Hickey, Graham, and Hendrickson present. A quorum was declared, and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous board session were read and approved. 

Also present for this meeting was Sandy Parmenter with the Valley News Today. 

Motion was made by Hendrickson to approve the TIF reporting requirement to Department of Management.  Motion carried unanimously. 

Engineer Dan Davis met with the board for the signing of a payment voucher. Motion made by Hendrickson to allow Chairman Hickey to sign IDOT payment voucher with HGM Associates on Project #BRS-CO36(76) - - 60-36, engineering/survey services for J-34 over Mule Slough Bridge replacement. Motion carried unanimously. 

Motion made by Graham to sign Resolution No. 2018-57 Appointing Banker’s Trust Company of Des Moines, Iowa, to serve as Paying Agent, Note Registrar, and Transfer Agent, Approving the Paying Agent and Note Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement. Hickey, Aye; Graham, Aye; Hendrickson, Nay. Full text of the 22 page resolution can be found on the Fremont County Website at http://www.co.fremont.ia.us and is also located for review in the Fremont County Auditor’s Office. 

Motion made by Graham to sign Resolution No. 2018-58 Approving and Authorizing A Form of Loan Agreement and Authorizing and Providing for the Issuance of $1,870,000 General Obligation Capital Loan Notes, Series 2018A, and Levying a Tax to Pay Said Notes; Approval of the Tax Exemption Certificate and Continuing Disclosure Certificate. Hickey, Aye; Graham, Aye; Hendrickson, Nay. The full text of the 22 page resolution can be found on the Fremont County Website at http://www.co.fremont.ia.us and is also located for review in the Fremont County Auditor’s Office. 

In other business, the Sheriff’s Monthly Report for August and the Recorder’s Monthly Report for September were approved. 

Claims were approved for October 12, 2018. 

At 9:29 a.m., there being no further business, Graham made a motion to adjourn. Motion carried unanimously.

ATTEST:

Fremont County Auditor                                                                            Randy Hickey, Chairman

October 16, 2018:

The Fremont County Board of Supervisors met in regular session on Tuesday, October 16, 2018, in the Fremont County Courthouse Boardroom, with Hickey, Graham, and Hendrickson present. A quorum was declared, and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous board session were read and approved. 

Also present for this meeting was Sandy Parmenter with the Valley News Today. 

At 9:00 a.m., motion by Hendrickson to go into public hearing regarding the vacation of a portion of 277th Avenue. Motion carried unanimously. Jerry and Karen Holt were present for this meeting. Engineer Dan Davis stated that he was approached by Jerry Holt and Shannon Smith to vacate this portion of road. He stated that if there are any utilities on that road, which neither he or Holt believe there are, they would still have their easements. At 9:04 a.m., motion by Hendrickson to go out of closed session. Motion made by Hendrickson to allow Chairman Hickey to sign the resolution vacating a portion of 277th Avenue. Motion carried unanimously.

RESOLUTION FOR ROAD VACATION

Fremont County Resolution No. 2018-59

WHEREAS, This being the date and time set for the hearing on the proposed vacation and closure of a portion of Fremont County Secondary Road, described as follows:

A portion of 277th Avenue; Commencing 984 ft more or less west of NE corner of section 34.  Thence Southerly 300ft to the point of beginning; Thence continuing southerly and westerly along the existing roadway to the South ¼ corner of Section 34 T70N, R42W of the 5th PM, Fremont County, Iowa.  See Exhibit A.

WHEREAS, No objections have been received, either in writing or by persons present.

NOW THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors that the section of roadway in Section 34, T70N, R42W be ordered vacated and closed.

Motion made by Hendrickson and seconded by Graham.

Approved this 16th day of October, 2018.

Chairperson

ATTEST:

/s/ Dee Owen                                                                                /s/ Randy Hickey
     County Auditor                                                                              Chairman 

Engineer Davis met with the board regarding the filling of his vacant assistant engineer position. This position has been vacant for approximately two years. He had previously discussed this with the board on March 28, 2017. He has found a candidate for the position and wanted to make sure the board still approved of him making an offer to a prospect for the position. He stated that the candidate is already a certified technician. Motion by Hendrickson to allow Davis to offer the position to this candidate. Motion carried unanimously. 

Motion made by Hendrickson to allow Chairman Hickey to sign the Rural Transit Joint Participation Agreement between Fremont County and SWIPCO. Motion carried unanimously. 

The board briefly discussed the Hotel/Motel Tax dollars. They would like to change the arrangement of the funds. They will place this item on the agenda for further discussion and/or action. 

At 9:30 a.m., motion made by Graham to go into public hearing regarding the vacation of a portion of 335th Avenue. Motion carried unanimously. Amy Van Otterloo and Margie Ann Connors phoned in to be present for the hearing. Engineer Davis stated that Craig and Courtney Athen were going to talk to property owner Geyer about getting an easement to their property south of the ditch. Geyer was agreeable to the easement. Davis also stated that they need a letter from Don Athen saying that he doesn’t need access to his small unfarmable piece of ground to the south. Davis’ recommendation was that they continue the hearing until December 18th, 2018, at 9:00 a.m. Otterloo and Connors were in agreement. At 9:34 a.m., motion by Graham to go out of public hearing. Motion carried unanimously. Motion by Hendrickson to continue the hearing/resolution to December 18th, 2018, at 9:00 a.m. Motion carried unanimously. 

Claims were approved for October 19, 2018. 

At 9:35 a.m., there being no further business, Hendrickson made a motion to adjourn. Motion carried unanimously.

ATTEST:

Fremont County Auditor                                                                                Randy Hickey, Chairman

October 23, 2018:

The Fremont County Board of Supervisors met in regular session on Tuesday, October 23, 2018, in the Fremont County Courthouse Boardroom, with Hickey, Graham, and Hendrickson present. A quorum was declared, and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous board session were read and approved. 

Engineer Dan Davis met with the board for the following signings:

Motion by Graham to allow Chairman Hickey to sign IDOT Payment Voucher with McClure Engineering Company on Project

#BRS-CO36(76) - - 60-36, bridge replacement over Mule Slough. Motion carried unanimously. 

Motion made by Hendrickson to allow Chairman Hickey & Vice Chairman Graham to sign title sheet for Project #L-5-17-1 - -73-36. Motion carried unanimously. 

Motion made by Hendrickson to allow Chairman Hickey to sign Hungry Canyons Alliance Project Agreement on Project #L-5-17-1- -73-36. Motion carried unanimously. 

Motion was made by Hendrickson to approve the following Resolution 2018-60.  Motion carried unanimously.

CONSTRUCTION EVALUATION RESOLUTION

WHEREAS, Iowa Code section 459.304(3) sets out the procedure if a board of supervisors wishes to adopt a “construction evaluation resolution” relating to the construction of a confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution can submit to the Department of Natural Resources (DNR) an adopted recommendation to approve or disapprove a construction permit application regarding a proposed confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution and submitted an adopted recommendation may contest the DNR’s decision regarding a specific application; and

WHEREAS, by adopting a construction evaluation resolution the board of supervisors agrees to evaluate every construction permit application for a proposed confinement feeding operation structure received by the board of supervisors between February 1, 2019 and January 31, 2020 and submit an adopted recommendation regarding that application to the DNR; and

WHEREAS, the board of supervisors must conduct an evaluation of every construction permit application using the master matrix created in Iowa Code section 459.305, but the board’s recommendation to the DNR may be based on the final score on the master matrix or may be based on reasons other than the final score on the master matrix;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREMONT COUNTY that the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 459.304(3). 

ATTEST:

/s/ Dee Owen                                                                      /s/ Randy Hickey
     County Auditor                                                                    Chairman 

Motion was made Hendrickson to allow Chairman Hickey to sign GAX fund request for payment under CDBG for the Iowa Watershed Approach project. Motion carried unanimously. 

At 9:15 a.m., motion made by Graham to go into closed session pursuant to Iowa Code 21.5(1)(c) in a matter where litigation is imminent. Vote: Hickey, aye; Graham, aye; Hendrickson, aye.  Present were Chairman Randy Hickey, Vice Chairman Terry Graham, Member Earl Hendrickson, Attorney Brenna Bird, IT Arnold Emberton, Auditor Dee Owen, and Attorney Kris Madsen of Stuart Tinley Law Firm.  At 9:15 a.m., the board went into closed session. At 9:42 a.m., motion was made by Graham to go out of closed session. Vote: Hickey, aye; Graham, aye; Hendrickson, aye.  

Claims were approved for October 26, 2018. 

At 9:46 a.m., there being no further business, Hickey made a motion to adjourn. Motion carried unanimously.

ATTEST:

Fremont County Auditor                                                                                Randy Hickey, Chairman

 
October 24, 2018:

The Fremont County Board of Supervisors met in special session on Wednesday, October 24, 2018, in the Fremont County Courthouse Boardroom, with Hickey and Graham present. Hendrickson was present by telephone. A quorum was declared, and the meeting officially called to order at 11:37 a.m. The agenda was approved as posted.  

Also present for this meeting was Shari Schmitz with Motorola, Kathie Hansel with Electronic Engineering, and Sandy Parmenter with the Valley News Today. 

Schmitz stated that the Iowa State Patrol and Page County tentatively plan to go live in November. Testing in our area has already been completed. The sheriff will need to apply with the ISICS Board to join. Hansell will help him with that project. Schmitz stated that Fremont County may go live within approximately 6 to 12 months. 

Motion made by Graham to authorize, execute, and deliver the contract with Motorola for ISICS Communication System. Hickey, aye; Graham, aye; Hendrickson, nay. 

At 11:44 a.m., there being no further business, Graham made a motion to adjourn. Motion carried unanimously.

ATTEST:

Fremont County Auditor                                                                                Randy Hickey, Chairman

October 30, 2018:

The Fremont County Board of Supervisors met in regular session on Tuesday, October 30, 2018, in the Fremont County Courthouse Boardroom, with Hickey, Graham, and Hendrickson present. A quorum was declared, and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous regular board session and the special session were read and approved. 

Also present for this meeting was Sandy Parmenter with the Valley News Today. 

Motion made by Graham to extend the deadline for the nuisance abatement at 2011 155th Street to January 1, 2019. Motion carried unanimously. 

Auditor Dee Owen presented the board with the new and disallowed homestead and military claims for 2018 from the assessor. Motion made by Hendrickson to approve the claims. Motion carried unanimously. 

Motion made by Graham to approve the Class B Native Wine/Sunday Sales Liquor License for Southern Loess Hills Welcome Center. Motion carried unanimously. 

Motion made by Hendrickson to sign work in right of way permit for the City of Sidney to place an 8” diameter water main crossing on 300th Avenue, 1.4 miles east of Sidney, Iowa, utilizing a 16” PVC casing. This is for the treatment plant. Motion carried unanimously. 

In other business, the Sheriff’s Report was approved for September. 

Claims were approved for November 2, 2018. 

At 9:15 a.m., there being no further business, Hendrickson made a motion to adjourn. Motion carried unanimously.

ATTEST:

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