Minutes - 2/1/2000

FEBRUARY 1, 2000 TWENTY-EIGHTH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, February 1, 2000 at 9:00 A.M. Board members present were Boykin, Clausen, Batcheller and Walish. Welte was absent. Staff members present were Nancy Hodge, Board Administrative Coordinator, Patrick F. Gill, Auditor/Clerk to the Board, and John Rusch, Board Legal Counsel.

The Claims were approved as presented. Copy filed.

Meeting was called to order.

There was an open discussion period held by the Board.

Motion by Clausen second by Walish to approve the regular Board Minutes of January 25, 2000. Carried 3-0. Batcheller abstained.

The Board approved the promotion of Charles P. McCormick, Jail Supervisor, County Sheriffs Dept. @$17.30/hr. effective 1-24-00 per DSA Contract agreement, an In-House Appointment. Copy filed.

The Board approved the promotion of Michael C. Ingram, Jail Supervisor, County Sheriffs Dept. @$17.30/hr. effective 1-24-00 per DSA Contract agreement, a newly authorized position for Prairie Hills Center, Board Approved: 11-30-99. Copy filed.

The Board approved the separation of Tammy A. Camerer, Temporary M.V. Clerk II, County Treasurers Dept. effective 1-14-00. Copy filed.

The Board approved the appointment of Troy M. Milligan, Correctional Officer, County Sheriffs Dept. @$11.50/hr. effective 1-31-00 per Job Vacancy Posted: 12-1-99. Entry Level Salary: $11.50/hr. Copy filed.

The Board approved the appointment of Jeramiah J. Bradshaw, Correctional Officer, County Sheriffs Dept. @$11.50/hr. effective 2-1-00 per Job Vacancy Posted: 12-1-99. Entry Level Salary: $11.50/hr. Copy filed.

The Board approved the appointment of Bobby L. Geisinger, Correctional Officer, County Sheriffs Dept. @$11.50/hr. effective 2-2-00 per Job Vacancy Posted: 12-1-99. Entry Level Salary: $11.50/hr. Copy filed.

The Board approved the appointment of Jeffrey M. DeYoung, Correctional Officer, County Sheriffs Dept. @$11.50/hr. effective 2-3-00 per Job Vacancy Posted: 12-1-99. Entry Level Salary: $11.50/hr. Copy filed.

The Board approved the appointment of Joshua J. Tyler, Correctional Officer, County Sheriffs Dept. @$11.50/hr. effective 2-7-00 per Job Vacancy Posted: 12-1-99. Entry Level Salary: $11.50/hr. Copy filed.

Motion by Batcheller second by Clausen to receive and approve lifting a tax suspension on M. A. D.s property, parcel #204285, as the property has been sold. Carried 4-0. Copy filed.

Board discussed the request from Loess Hills Alliance for a $5,000 contribution and deferred action.

Motion by Walish second by Clausen to receive and approve the reappointments of Gary Brown, Woodbury County EMD, John Hess, Woodbury County Firemans Association, Max Dunnington, Pierson Fire Chief and Larry Clausen, Woodbury County Supervisor to the Local Emergency Planning Committee (LEPC) Regional Board. Carried 4-0. Copy filed.

There was no action taken on the Total Managed Solutions Energy Management Agreement Between Woodbury County and MidAmerican Energy Services.

Motion by Clausen second by Batcheller to approve and authorize Chairman to sign Resolution No. 9253 Opposing Imposition of a Property Tax Limitation by the Iowa Legislature. Carried 4-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9253

A RESOLUTION OPPOSING
IMPOSITION OF A PROPERTY TAX LIMITATION
BY THE IOWA LEGISLATURE

WHEREAS, all county supervisors take very seriously their statutory responsibility to prepare the multimillion dollar county budget, and devote their time and energy as elected officials to developing the best possible budget for all county residents; and

WHEREAS, property taxes collected by all Iowa counties have increased a total of less than four percent over the last ten (10) years, when adjusted for inflation, meaning that state taxes are increasing much faster than county property taxes; and

WHEREAS, counties already have several time-tested property tax limitations in place including the $3.50 per thousand limit on the general fund and the $3.95 per thousand limit on the rural fund; and

WHEREAS, any additional property tax limitation would be contrary to the concept of local control; and

THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS that this board opposes any effort by the Iowa Legislature to impose a new property tax limitation during the 2000 session.

SO RESOLVED this 1st day of February, 2000.

Woodbury County Board of Supervisors
Copy filed.

Motion by Clausen second by Batcheller to receive and approve the Auditor-Recorders Quarterly Report Ending 12-31-99. Carried 4-0. Copy filed.

Motion by Batcheller second by Clausen Board to approve the development of an agreement between Woodbury and Monona Counties for the purchase of a Bailey Bridge. Carried 4-0.

Board discussed recommendations regarding the status of Secondary Roads Departments Salix Maintenance Facility.

Motion by Clausen second by Batcheller to auction the Salix satellite maintenance facility with a base price established. Carried 4-0.

Motion by Clausen second by Walish to receive bids for a New Truck Chassis for Emergency Services Dept. and refer to the EMS Director for review. Carried 4-0. Copy filed.

Motion by Clausen second by Walish to approve and authorize Chairman to sign Resolution No. 9254 Memorandum of Agreement for Issuing of Bonds for Mid-Step Services, Inc. and Mid-Step Real Estate, Inc. Carried 4-0.

RESOLUTION NO. 9254

A Resolution authorizing the execution of a Memorandum of Agreement with Mid-Step Services, Inc. and Mid-Step Real Estate, Inc. and fixing a date for a hearing on the proposed issuance of Housing Revenue Bonds (Mid-Step Project).

WHEREAS, Woodbury County, Iowa (the AIssuer@), is a County authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1999, as amended (the AAct@), to issue revenue bonds for the purpose of retiring existing indebtedness on a 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

WHEREAS, the Issuer has been requested by Mid-Step Services, Inc. and Mid-Step Real Estate, Inc. (collectively, the ABorrowers@) to issue its Housing Revenue Bonds (Mid-Step Project), in an aggregate principal amount not to exceed $900,000 (the ABonds@) pursuant to the Act for the purpose of refinancing existing outstanding indebtedness of the Borrowers for housing facilities located at 103 W. Main St., Lawton, Iowa 51030; 3412 Cheyenne Blvd., Sioux City, Iowa 51104; 5200 Lorraine Avenue, Sioux City, Iowa 51106; 2700 and 2702 Marshall Avenue, Sioux City, Iowa 51106; 1601- 1603 S. Maple Street, Sioux City, Iowa 51106; 517 S. 2nd Street, Moville, Iowa 51039; 3948 Winona Way, Sioux City, Iowa 51104; 5515-5515A Stone Avenue, Sioux City, Iowa 55106; 4303 Stone Avenue, Sioux City, Iowa 55106; and 4305 Stone Avenue, Sioux City, Iowa 51106 (collectively, the AProject@) all located in Woodbury County, Iowa, and paying for costs of issuance and certain other costs associated with the issuance of the Bonds; and

WHEREAS, it is proposed to finance the foregoing through the issuance of the Bonds and to loan the proceeds from the sale of the Bonds to the Borrowers under a Loan Agreement between the Issuer and the Borrowers, the obligations of which will be sufficient to pay the principal of, premium, if any, and interest on the Bonds as and when the same shall be due and payable; and

WHEREAS, 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 Bonds shall be payable solely out of the revenues derived from the Loan Agreement; and

WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue 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 Borrowers, relating to the further processing of said Bonds.

WHEREAS, the Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the ARegulations@) dealing with the issuance of the Bonds, all or a portion of the proceeds of which are to be used to reimburse the Borrowers for Project expenditures made by the Borrowers prior to the date of issuance of the Bonds which were not included in the expenditures for the portion of the Project financed with the proceeds of the Bonds, and the Regulations generally require that the Borrowers or Issuer make a prior declaration of official intent in order for the Borrowers to reimburse itself for such prior expenditures out of the proceeds of the Bonds and that the Bonds be issued and the reimbursement allocation be made from the proceeds of the Bonds 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 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 set forth in Exhibit A attached hereto is hereby approved, and the Chairperson 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; said Memorandum of Agreement, which constitutes and is hereby made a part of this Resolution, to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto.

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 29th day of February, 2000, at the Board of Supervisors Room, County Courthouse, 620 Douglas Street, Sioux City, Iowa, at 10:30 o=clock a.m., at which time and place any resident or property owner of the Issuer may present oral or written objections on the proposal to issue the Bonds referred to in the preamble hereof.

Section 4. The County Auditor is hereby directed to give notice of intention to issue 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 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 HOUSING REVENUE BONDS
(MID-STEP PROJECT)

The Board of Supervisors of Woodbury County, Iowa, (the AIssuer@) will meet on the 29th day of February, 2000, at 10:30 oclock a.m., at the Board of Supervisors Room, County Courthouse, 620 Douglas Street, Sioux City, Iowa, for the purpose of conducting a public hearing on the proposal to issue Housing Revenue Bonds (Mid-Step Project), of the Issuer, in an aggregate principal amount not to exceed $900,000 (the ABonds@), and to loan said amount to Mid-Step Services, Inc. and Mid-Step Real Estate, Inc. (collectively, the ABorrowers@), for the purpose of refinancing outstanding indebtedness of the Borrowers for housing facilities located at 103 W. Main St., Lawton, Iowa 51030; 3412 Cheyenne Blvd., Sioux City, Iowa 51104; 5200 Lorraine Avenue, Sioux City, Iowa 51106; 2700 and 2702 Marshall Avenue, Sioux City, Iowa 51106; 1601- 1603 S. Maple Street, Sioux City, Iowa 51106; 517 S. 2nd Street, Moville, Iowa 51039; 3948 Winona Way, Sioux City, Iowa 51104; 5515-5515A Stone Avenue, Sioux City, Iowa 55106; 4303 Stone Avenue, Sioux City, Iowa 55106; and 4305 Stone Avenue, Sioux City, Iowa 51106 (collectively, the AProject@) and paying the costs of issuance and certain other costs associated with the issuance of the Bonds.

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 Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Borrowers, the obligations of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due.

At the time and place, oral or written objections from any resident or property owner of the Issuer may be presented. At such meeting or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Written comments may also be submitted to the Issuer at the County Auditor=s Office, 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.
Section 5. On the basis of representations of the Borrowers, the Issuer declares (a) that the Borrowers intend to undertake the Project; (b) that other than (i) expenditures to be paid or reimbursed from sources other than 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 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 Borrowers and no expenditures will be made by the Borrowers until after the date of this Resolution and (v) that the Borrowers reasonably expect to reimburse the expenditures made for costs of the Project out of the proceeds of 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 February 1, 2000.

EXHIBIT A
MEMORANDUM OF AGREEMENT

THIS MEMORANDUM OF AGREEMENT is between Woodbury County, Iowa, (the AIssuer@) and Mid-Step Services, Inc. and Mid-Step Real Estate, Inc. (collectively, the ABorrowers@).

1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following:

(a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1999, as amended (the AAct@) to issue revenue bonds for the purpose of retiring existing indebtedness on a 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

(b) The Borrowers wish to obtain satisfactory assurance from the Issuer that, subject to the public hearing required by the Act and Section 147(f) of Code and the terms of this Agreement, such bonds will be issued by the Issuer in a principal amount sufficient to refinance existing indebtedness of the Borrowers for housing facilities located at 103 W. Main St., Lawton, Iowa 51030; 3412 Cheyenne Blvd., Sioux City, Iowa 51104; 5200 Lorraine Avenue, Sioux City, Iowa 51106; 2700 and 2702 Marshall Avenue, Sioux City, Iowa 51106; 1601- 1603 S. Maple Street, Sioux City, Iowa 51106; 517 S. 2nd Street, Moville, Iowa 51039; 3948 Winona Way, Sioux City, Iowa 51104; 5515-5515A Stone Avenue, Sioux City, Iowa 55106; 4303 Stone Avenue, Sioux City, Iowa 55106; and 4305 Stone Avenue, Sioux City, Iowa 51106 (collectively, the AProject@) all located in the City of Sioux City, Woodbury County, Iowa, and paying for costs of issuance and certain other costs associated with the issuance of the Bonds; and

(c) The Issuer considers that financing the Project will promote the welfare and prosperity of the Issuer and its citizens.

2. Undertakings on the Part of the Issuer.

(a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $900,000.

(b) Subject to due compliance with all requirements of law and the terms of this Agreement, including the provisions of and the public hearing required by the Act, it will cooperate with the Borrowers in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Borrowers upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due.

(c) The Issuer shall determine when, in what amount, and if the Bonds may be issued without causing the Issuer to lose its qualification as a Aqualified small issuer@ within the meaning of Section 265(b)(3)(C) of the Code.

3. Undertakings on the Part of the Borrowers.

(a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to financing of the Project and the issuance and sale of such bonds.

(b) It will enter into a Loan Agreement with the Issuer under the terms of which the Borrowers will obligate themselves to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable.

4. General Provisions.

(a) All commitments on the part of the Issuer and the Borrowers herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Borrowers shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds, and mutually acceptable terms and conditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof.

(b) Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Borrowers agree (i) to pay all applicable deposits and review fees required by the Issuer at the times and in the amounts requested and (ii) to reimburse the Issuer for all reasonable and necessary direct out﷓of﷓pocket expenses which the Issuer may incur, including but not limited to, legal fees, administrative costs, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the Issuer of its obligations hereunder, or done at the request of the Borrowers.

(c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers.

The execution of this Memorandum of Agreement by the Issuer is not intended to nor does it create a binding commitment on the part of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the Board of Supervisors of the Issuer and compliance with all provisions of the Act and the Code, including the holding of a public hearing with respect thereto.
(d) The Borrowers represent that the information contained in Section 5 of the resolution of the Issuer approving this Memorandum of Agreement has been provided to the Issuer by the Borrowers and is true and correct.

(e) Preparation of all resolutions, agreements, instruments, certificates or other documents in final form for adoption and execution shall be the sole responsibility of Bond Counsel.

(f) Counsel for the Issuer shall timely certify the non-existence of threatened litigation, pending litigation or claims with respect to the proposed Bond issue. All other attorneys= opinions or certificates with respect to issuing authority, non-arbitrage, regularity of proceedings, or otherwise shall be the responsibility of Borrowers Counsel or Bond Counsel.

(g) In the event Sections 145 and 146 of the Code, restrict the aggregate principal amount of Bonds for Tax-Exempt Organizations which the Issuer may issue in any calendar year, the Issuer may, in its discretion, rescind its commitments under Paragraph 2 hereof, without liability on the part of the Issuer.

(h) All commitments of the Issuer hereunder are further subject to the condition that the Bonds will only be issued if the Issuer determines, as described in Section 2(c), that such issuance will not cause the Issuer to lose its qualification as a Aqualified small issuer@ in any year.

Dated this 1st day of January, 2000.

WOODBURY COUNTY, IOWA
Board of Supervisors
Copy filed.

Motion by Clausen second by Walish to set a public hearing for the intent to issue revenue bonds (Mid-step Project) on February 29th, at 10:30 A.M. Carried 4-0.

Motion by Clausen second by Walish to receive and approve a proposed Cooperation Agreement Between Woodbury County and NPHA Regarding Tax Exemption Status for Projects (Housing, Land, and Developments) to terminate February 1, 2003. Carried 4-0. Copy filed.

Motion by Clausen second by Batcheller to receive and approve the Sheriffs Civil Divisions Second Quarterly Report Ending 12-31-99. Carried 4-0. Copy filed.

Motion by Batcheller second by Walish to accept the recommendation of the EMS Director and approve the bid of Team Ford to provide a new truck chassis for $30,250 and to approve the expenditure out of the infrastructure fund. Carried 4-0.

Motion by Batcheller second by Walish to amend the Law Enforcement Block Grant Program Budget by reducing it $96,200. Carried 4-0. Copy filed.

Board discussed the consideration of A U.S. Marshalls Cooperative Agreement Program (CAP) Application.

There was no action taken on the Siouxland District Health Department Budget.

Motion by Batcheller second by Walish to receive the Treasurer Motor Vehicle Division Budget reduced by $18,500 and the Treasurer Tax Division Budget reduced by $11,000. Carried 4-0.

Motion by Walish second by Batcheller to receive the County Library Budget reduced by $8,621. Carried 4-0.

Motion by Clausen second by Batcheller to amend the Mapping Budget by increasing it $4,926 and reducing the Recorder Budget by $27,491. Carried 4-0.

The Board adjourned the regular meeting until February 8, 2000.