Minutes - 11/2/1999

NOVEMBER 2, 1999 SEVENTEENTH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, November 2, 1999 at 9:00 A.M. Board members present were Batcheller, Boykin, Clausen, Walish, and Welte. Staff members present were Nancy Hodge, Board Administrative Coordinator, Patrick F. Gill, Clerk to the Board, and John Rusch, Board Legal Counsel.

The Claims were approved as presented.

Meeting called to order.

There was open discussion period held by the Board.

Motion by Batcheller second by Walish to approve the regular Board Minutes of October 26, 1999 as submitted. Carried 5-0.

Motion by Welte second by Batcheller to authorize the chairman to request a proclamation from the State Fire Marshal to ban open burning in rural Woodbury County. Carried 5-0.

The Board approved the appointment of Dan E. VanDerLinden, Asst. County Attorney, County Attorney, @$39,359/year, effective 10-25-99. Job Vacancy Posted: 10-8-99. Salary Range: $34,000-39,359/yr. Copy filed.

The Board approved the reclassification of Jacalyn J. Hobbiebrunken, Correctional Officer, County Sheriff, @$12.36/hr., effective 11/15/99. Per DSA Contract agreement, from Class 5 to Class 4. Copy filed.

Motion by Boykin second by Walish to authorize the Chairman to sign the Authorization to Initiate Hiring Process for a Law Enforcement Planning & Projects Coordinator (New Position), County Sheriff, Wage Plan: $32,500-$42,500/yr. (Based on Experience). Carried 5-0. Copy filed.

Motion by Welte second by Boykin to authorize Chairman to sign Utility Accommodation Permit submitted by Beelner Service Inc. Carried 5-0. Copy filed.

Motion by Batcheller second by Walish to accept and approve quote from Elkhorn Construction County, Sergeant Bluff, IA in the amount of $37,964 for the repair of a bridge pier on Mason Avenue over the Little Sioux River. Carried 5-0. Copies filed.

Motion by Batcheller second by Boykin to accept and approve contract from Calhoun-Burns Associates to complete the bridge inspection program for 1999-00. Carried 5-0. Copy filed.

Motion by Boykin second by Batcheller to award bids for sale of structures in Holly Springs per Shelly Malcom, Project Manager as follows:

Single Wide Mobile Home at 2576 Old Highway 141 to Harold De Vries for $8,000.
Double Wide Home at 2678 Old Highway 141 to Harold De Vries for $6,500

Carried 5-0. Copies filed.

Rick D. Schneider, Conservation Director gave presentation of cost estimates for repair of park roads at Snyders Bend and Browns Lake.

Motion by Batcheller second by Boykin to approve a memorandum of agreement and resolution with Boys and Girls Home and Family Services, Inc. for issuance of bonds. Carried 5-0 on a roll call vote.

RESOLUTION NO. 9231

A Resolution authorizing the execution of a Memorandum of Agreement with Boys and Girls Home and Family Services, Inc. and fixing a date for a hearing on the proposed issuance of Community Provider Revenue Bond Anticipation Note and Community Provider Revenue Bonds.

WHEREAS, Woodbury County, Iowa (the Issuer), is a County authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1999, as amended (the Act), to issue revenue bonds or notes for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any facility for an organization described in Section 501(c)(3) of the Internal Revenue Code (the 'Code) which is exempt from federal income tax under Section 501(a) of the Code (a 'Tax Exempt Organization) and to refund any bonds issued pursuant to the Act; and

WHEREAS, the Issuer has been requested by Boys and Girls Home and Family Services, Inc. (the Borrower) to issue its Community Provider Revenue Bond Anticipation Note (the Note) and its Community Provider Revenue Bonds (the Bonds) each in an aggregate principal amount not to exceed $2,500,000 pursuant to the Act for the purpose of (i) renovating a portion of the Borrowers facilities located at 2101 Court Street, Sioux City, Iowa, (ii) funding a debt service reserve fund for the Bonds, and (iii) paying for costs of issuance and certain other costs associated with the issuance of the Note and the Bonds; and

WHEREAS, it is proposed to provide interim financing for the Project through the issuance of the Note and to provide permanent financing for the Project through the issuance of the Bonds and to loan the proceeds from the sale of the Note and the Bonds to the Borrower under one or more Loan Agreements between the Issuer and the Borrower, the obligations of which will be sufficient to pay the principal of, premium, if any, and interest on the Note and the Bonds as and when the same shall be due and payable; and

WHEREAS, the Note and the Bonds, if issued, shall be limited obligations of the Issuer, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers, and the principal of, interest and premium, if any, on the Note and the Bonds shall be payable solely out of the revenues derived from the Loan Agreements and, in the case of the Note, from proceeds of the Bonds; and

WHEREAS, before the Note or the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Note and the Bonds, all as required and provided for by Section 419.9 of the Act and Section 147(f) of the Internal Revenue Code; and

WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer which sets forth certain mutual undertakings and agreements between the Issuer and the Borrower, relating to the further processing of the Note and the Bonds; and

WHEREAS, the Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the Regulations) dealing with the issuance of obligations, all or a portion of the proceeds of which are to be used to reimburse the Borrower for Project expenditures made by the Borrower prior to the date of issuance of the obligations, and the Regulations generally require that the Borrower or Issuer make a prior declaration of official intent in order for the Borrower to reimburse itself for such prior expenditures out of the proceeds of the obligations and that the obligations be issued and the reimbursement allocation be made from the proceeds of the obligations within a certain period after the payment of the expenditure or the date the Project is placed in service; and

WHEREAS, the Issuer desires to comply with requirements of the Regulations with respect to the Project, the Note, and the Bonds;

NOW, THEREFORE, IT IS RESOLVED by the Board of Supervisors of the Issuer, as follows:

Section 1. The Memorandum of Agreement in the form and with the contents as has been presented to this Board is hereby approved, and the Chairperson of the Board of Supervisors is hereby authorized to execute said Memorandum of Agreement and the County Auditor is hereby authorized to attest the same and to affix the seal of the Issuer thereto.

Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement.

Section 3. This Board shall meet on the 23rd day of November, 1999, at the Board of Supervisors Chambers, Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, at 10:30 oclock a.m., at which time and place any resident of the Issuer may express their views for or against the proposal to issue the Note and/or the Bonds referred to in the preamble hereof.

Section 4. The County Auditor is hereby directed to give notice of intention to issue the Note and the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the_________________________a newspaper published and having a general circulation within the Issuer.
The notice shall be in substantially the following form:

NOTICE OF INTENTION TO ISSUE
COMMUNITY PROVIDER REVENUE BOND ANTICIPATION NOTE
(BOYS AND GIRLS HOME AND FAMILY SERVICES, INC. PROJECT)
AND
COMMUNITY PROVIDER REVENUE BONDS
(BOYS AND GIRLS HOME AND FAMILY SERVICES, INC. PROJECT)

The Board of Supervisors of Woodbury County, Iowa, (the Issuer) will meet on the 23rd day of November, 1999, at 10:30 oclock a.m., at the Board of Supervisors Chambers, Woodbury County Courthouse, 620 Douglas Street in Sioux City, Iowa, for the purpose of conducting a public hearing on the proposal to issue a Community Provider Revenue Bond Anticipation Note (Boys and Girls Home and Family Services, Inc. Project) in the principal amount of not to exceed $2,500,000 (the Note) and Community Provider Revenue Bonds (Boys and Girls Home and Family Services, Inc. Project) in the principal amount of not to exceed $2,500,000 (the Bonds) to provide financing for Boys and Girls Home and Family Services, Inc. (the 'Borrower), for the purpose of (i) renovating a portion of the Borrowers facilities located at 2101 Court Street, Sioux City, Iowa, (ii) funding a debt service reserve fund for the Bonds, and (iii) paying for costs of issuance and certain other costs associated with the issuance of the Note and the Bonds. The Issuer proposes to issue the Note to provide interim financing for the Project and to issue the Bonds to repay the Note and provide permanent financing for the Project.

The Note and the Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Note and the Bonds will be payable solely and only from amounts received by the Issuer under one or more Loan Agreements between the Issuer and the Borrower, the obligations of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Note and the Bonds as and when the same shall become due, and, in the case of the Note, from proceeds of the Bonds.

At the time and place, any resident of the Issuer may express their views for or against the proposal to issue the Note or the Bonds. At such meeting or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Note and the Bonds. Written comments may also be submitted to the Issuer at the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa 51101. Written comments must be received by the above hearing date.

By order of the Board of Supervisors of Woodbury County, Iowa.

Patrick Gill, County Auditor

Section 5. On the basis of representations of the Borrower, the Issuer declares (a) that the Borrower intends to undertake the Project; (b) that other than (i) expenditures to be paid or reimbursed from sources other than the Note or the Bonds, or (ii) expenditures made not earlier than 60 days prior to the date of this Resolution, or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of the Note or the Bonds, or (iv) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, no expenditures for the Project have heretofore been made by the Borrower and no expenditures will be made by the Borrower until after the date of this Resolution and (v) that the Borrower reasonably expects to reimburse the expenditures made for costs of the Project out of the proceeds of the Note or the Bonds. This declaration is a declaration of official intent adopted pursuant to Section 1.150-2 of the Regulations.

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

Passed and approved November 2, 1999.

Woodbury County Board of Supervisors
Copy filed.

Motion by Welte second by Walish to set a Public Hearing for 10:30 a.m. on November 23, 1999 to discuss financing for Boys and Girls Home and Family Services, Inc. Carried 5-0.

Motion by Boykin second by Welte to authorize the chairman to sign a memorandum of agreement between Woodbury County and Boys and Girls Home and Family Services, Inc. Carried 5-0.

David Amick, Sheriff Department continued discussion for jail expansion needs

The Board and Sheriff discussed meeting locations regarding the jail issue.

Craig Jorgenson, Clerk of Court asked for access to the Bekins Storage Area. The consensus of the Board was to allow him to have a key made to provide him access.

The Board adjourned the regular meeting until November 9, 1999.