Minutes - 6/24/2003

JUNE 24, 2003 FIFTY-FIRST MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, June 24, 2003 at 9:00 A.M. Board members present were Batcheller, Boykin, Clausen, Walish and Welte. Staff members present were Karen James, Board Administrative Coordinator, Patrick F. Gill, Auditor/Clerk to the Board, and John Sullivan, Board Legal Counsel.

1. The Claims were approved as presented. Copy filed.

2. Meeting called to order.

Motion by Batcheller second by Boykin to approve the Board minutes of June 17, 2003 as submitted. Carried 5-0.

Motion by Batcheller second by Clausen to approve the minutes of the Executive Session of June 17, 2003 as submitted. Carried 5-0.

3a. The Board approved the appointment of John P. Pylelo, Planning and Zoning Administrator, Secondary Roads Dept., @$39,000/year, effective 7-01-03. Job Vacancy Posted: 4-09-03. Salary Range $37,500-$40,500/year. Copy filed.

The Board approved the appointment of Jason W. Ross, Correctional Officer, County Sheriff Dept., @$13.70/hour, effective 6-30-03. Job Vacancy Posted: 5-13-03. Entry Level Salary: $13.70/hour. Copy filed.

The Board approved the separation of Larry G. Schlines Jr., Correctional Officer, County Sheriff Dept., effective 6-27-03. Copy filed.

3b. Motion by Boykin second by Welte to approve and authorize the Chairman to sign the authorization to initiate hiring process for a Male Correctional Officer, County Sheriff Dept. DSA Entry Level: $13.70/hour. Carried 5-0. Copy filed.

3c. The Board discussed Mercy Behavioral Care Employee Assistance Program (EAP).

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign Mercy Behavioral Care Employee Assistance Program Agreement at a total contract cost of $5,985.00. Carried 5-0. Copy filed.

4a. Motion by Welte second by Batcheller to approve the bid and award the contract to Piorier Equipment, Sioux City, Iowa, for the Case 8821C front end loader at the net bid of $139,953.00, per recommendation of the county engineer. Carried 5-0. Copy filed.

4b. Motion by Boykin second by Welte to recess the Board meeting to convene a meeting of the drainage district trustees under the direct control of the Woodbury County Supervisors. Carried 5-0.

Motion by Clausen second by Boykin to approve the FY 2003-2004 drainage assessments for various drainage districts under the jurisdiction of the Board of Supervisors as submitted by the county engineer. Carried 5-0. Copy filed.

Motion by Boykin second by Clausen to adjourn the meeting of the drainage district trustees under the direct control of the Woodbury County Supervisors. Carried 5-0.

5. The Board discussed the recommendations for the proposed fee schedule for zoning.

6a. Motion by Batcheller second by Welte to approve the application for Iowa Retail Cigarette Permit Renewal for HCI-Heritage Express, 1501 330th Street, Sloan, IA. Carried 5-0. Copy filed.

6b. Motion by Welte second by Boykin to approve and authorize the Chairman to sign an application for Class C Beer Permit Renewal and Sunday Sales Privilege for Shop-N-Go, 1863 Hwy 141, Sloan, IA. Carried 5-0. Copy filed.

6c. Motion by Welte second by Boykin to approve and authorize the Chairman to sign an application for Class C Liquor License Permit Renewal and Sunday Sales Privilege for Theos, 1911 Hwy 20 East, Lawton, IA. Carried 5-0. Copy filed.

7. Motion by Boykin second by Batcheller to receive an Amendment to the Contract for the Woodbury County Diversion Project with Iowa Department of Human Services, Woodbury County Department. Carried 5-0. Copy filed.

8. Motion by Boykin second by Clausen to approve and authorize the Chairman to sign agreement between Siouxland Regional Transit System and Woodbury County for FY 2004. Motion by Welte second by Batcheller to amend the motion by postponing action until next week. The motion to amend failed 2-3, Clausen, Boykin and Walish opposed. The main motion carried 3-2, Welte and Batcheller opposed. Copy filed.

9. Motion by Boykin second by Welte to approve and authorize the Chairman to sign Resolution of Intent to Issue Revenue Bonds for Northern Hills Assisted Living Facility Project. Carried 5-0.

RESOLUTION NO. 9659

RESOLUTION DETERMINING THE INTENT OF WOODBURY COUNTY, IOWA, TO ISSUE ITS SENIOR LIVING FACILITIES REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $7,000,000 TO FINANCE THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING AN ASSISTED LIVING FACILITY FOR THE BENEFIT OF THE TAPESTRY GROUP, INC., OR A LIMITED LIABILITY COMPANY TO BE CREATED AND OWNED BY THE TAPESTRY GROUP, INC.

WHEREAS, Woodbury County, Iowa (the Issuer), is a County authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, as amended (the Act), to issue revenue bonds for the purpose of constructing 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 The Tapestry Group, Inc., a Tax Exempt Organization, to issue its Senior Living Facilities Revenue Bonds, in an aggregate principal amount not to exceed $7,000,000 (the Bonds) pursuant to the Act and loan the proceeds thereof to The Tapestry Group, Inc., or a limited liability company to be created and owned by The Tapestry Group, Inc. (the Borrower) for the purpose of financing the acquisition, equipping and furnishing of an assisted living facility (the Project) located at 4002 Teton Trace, Sioux City, Iowa, funding a debt service reserve fund for the Bonds, 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 Borrower under a loan agreement between the Issuer and the Borrower (the Loan Agreement), 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, and interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Loan Agreement; and

WHEREAS, it is hereby found and determined to be advisable and in the interest and for the welfare of the Issuer and its inhabitants that the Issuer finance the costs of the Project by the issuance of the Bonds under the Act, said Bonds to be payable solely out of amounts provided by the Borrower.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA, AS FOLLOWS:

Section 1. Intent to Issue Bonds. The Board of Supervisors of the Issuer hereby determines and declares the intent of the Issuer to finance the Project with the proceeds of the Bonds in an aggregate principal amount not to exceed $7,000,000 to be issued pursuant to the Act.

Section 2. Provision for the Bonds. Subject to the conditions of this Resolution, the Issuer will (i) issue its Bonds to pay the costs of the Project, with such maturities, interest rates, redemption terms and other provisions as may be determined by resolution of the Issuer; and (ii) to effect the foregoing, adopt such resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be necessary or advisable for the authorization and issuance of the Bonds by the Issuer and take or cause to be taken such other action as may be required to implement the aforesaid.

Section 3. Conditions to Issuance. The issuance of the Bonds and the execution and delivery of any documents related to the Bonds are conditioned (a) upon the Board of Supervisors of the Issuer holding the public hearing on the issuance of the Bonds and being satisfied with such public hearing, and (b) subject to agreement by the Issuer, the Borrower and the purchasers of the Bonds, upon (i) mutually acceptable terms for the Bonds and for the sale and delivery thereof and (ii) mutually acceptable terms and conditions of any documents related to the issuance of the Bonds and the Project.

Section 4. Sale of the Bonds. The sale of the Bonds shall be the responsibility of the Borrower.

Section 5. Public Hearing. The Board of Supervisors of the Issuer will hold a public hearing on the issuance of the Bonds in accordance with Section 419.9 of the Act and Section 147(f) of the Code at a time and date to be set by the Board.

Section 6. Limited Obligations of the Issuer; Reliance by the Borrower. The Bonds and the interest thereon shall be limited obligations of the Issuer 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 the Loan Agreement, 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. It is contemplated that in order to expedite acquisition of the Project and realization of the benefits to be derived thereby, the Borrower may incur temporary indebtedness or expend its own funds to pay costs of the Project prior to the issuance of the Bonds. Proceeds of Bonds may be used to reimburse the Borrower for such expenditures made not more than 60 days prior to the date this Resolution is adopted, and as provided by 1.150-2 of the U.S. Treasury Regulations.

Section 7. Further Action. Counsel to the Issuer, if any, and bond counsel, together with the officers and employees of the Issuer, are hereby authorized to work with the purchaser of the Bonds, the Borrower, their respective counsel and others, to prepare for submission to and final action by the Issuer all documents necessary to effect the authorization, issuance and sale of the Bonds and other actions contemplated hereunder.

Section 8. Effective Date. This Resolution shall take effect and be in full force immediately after its adoption by the Board of Supervisors of the Issuer.

PASSED AND APPROVED this 24th day of June, 2003.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

10. Motion by Clausen second by Welte to approve and authorize the Chairman to sign Local Public Health Services State Appropriation contract for FY 04. Carried 5-0. Copy filed.

Motion by Welte second by Boykin to add an item to the agenda brought forward by Siouxland District Health. Carried 5-0.

Motion by Clausen second by Welte to approve Alternative Plan Form for Local Public Health Services Contract for FY 03. Carried 5-0. Copy filed.

11. Motion by Welte second by Batcheller to approve and authorize the Chairman to sign Resolution Approving Amendment of Housing Revenue Bond at the Request of Mid-Sep Services, Inc. and Mid-Step Real Estate, Inc. Carried 5-0.

Resolution No. 9660

RESOLUTION APPROVING AMENDMENT TO BOND
AND CONFIRMATION OF LOAN AGREEMENT, AT THE REQUEST OF
MID-STEP SERVICES, INC. AND MID-STEP REAL ESTATE, INC.
WHEREAS, the Woodbury County, Iowa (the County or the Issuer ) is a duly organized and existing county and political subdivision under the Constitution and laws of the State of Iowa, and is authorized and empowered by Code of Iowa, Chapter 419, as amended (the Act) to issue revenue bonds and loan the proceeds from the sale of said bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a project, as that term is defined in the Act, including land, building and improvements suitable for use as a facility for an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the Code) which is exempt from federal income tax under Section 501(a) of the Code; and
WHEREAS, on March 29, 2000, the Issuer issued its Housing Revenue Bond (Mid-Step Project), Series 2000, in the original authorized principal amount of $999,000 (the Bond), and the Bond was purchased by Norwest Bank Iowa, National Association (now Wells Fargo Bank Iowa, National Association) (the Bank); and
WHEREAS, the proceeds of the Bond were loaned by the Issuer to Mid-Step Services, Inc. and Mid-Step Real Estate, Inc., each an Iowa nonprofit corporation (referred to together as the Borrower), pursuant to the Loan Agreement dated as of March 1, 2000 (the Loan Agreement), between the Issuer and the Borrower; and
WHEREAS, the secure repayment of the Bond, the Issuer assigned its interest in the Loan Agreement to the Bank; and
WHEREAS, at the request of the Borrower, and with the consent of the Bank, the Issuer has determined to amend the Bond, as provided in the Amendment to Bond and Loan Agreement Confirmation (the Amendment) dated as of June 1, 2003, to be executed by the Issuer, consented to by the Bank and agreed to by the Borrower, and a copy of the proposed form of the Amendment has been placed on file in the offices of the County Auditor; and
WHEREAS, the Bond is and shall be a 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.
BE IT RESOLVED by the Board of Supervisors of the Woodbury County, Iowa as follows:
1. The amendment of the Bond, as provided in the Amendment, and the form of the Amendment, as currently on file in the offices of the County Auditor, are hereby approved and one or more counterparts of the Amendment, as may be requested by the Borrower, in such form, together with such modifications thereto as may be approved by the officers executing the same, such approval to be conclusively evidenced by the execution thereof, shall forthwith be executed by the Chairperson of the Board of Supervisors and the County Auditor, or other officers of the County, and delivered to the Bank.
2. Officers of the County are hereby authorized and directed to execute and deliver such additional documents and instruments in connection with the Amendment as shall be necessary or desirable, or as may be requested by Dorsey & Whitney LLP, as Bond Counsel to the Bank, including, but not limited to, a certified copy of all proceedings taken in connection with the approval by the County of the Amendment, and an Information Return for Tax-Exempt Private Activity Bond Issues (Form 8038) in connection therewith.
3. Officers of the County are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of this Resolution.
4. This Resolution shall be in full force and effect immediately upon its adoption.
Adopted: June 24, 2003.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

12. Dennis Butler, Budget/Tax Analyst, discussed the budget with the Board.

13. The Chairman asked if there were any individual or group wishing to make a presentation of items not on the agenda or Supervisors concerns.

The Board adjourned the regular meeting until July 1, 2003