Minutes - 4/30/2002

APRIL 30, 2002FORTY-SECOND MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, April 30, 2002 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 Rusch, Board Legal Counsel.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Batcheller second by Welte to approve the Board minutes of April 23, 2002 as submitted. Carried 5-0.

The Board approved the appointment of John J. Sullivan, Assistant County Attorney, County Attorney Dept., @$41,605/year, effective 5-01-02. Job Vacancy Posted: 1-30-02. Salary Range: $37,500 - $43,712/year. Copy filed.

The Board approved the appointment of Kathleen M. Vogel, Jail Nurse, County Sheriff Dept., @$16.13/hour, effective 5-01-02. Job Vacancy Posted: 3-27-02. Entry Level Salary: $16.13/hour. Copy filed.

The Board approved the separation of Richard L. Matousek, Investigator / Victim Witness Coordinator, County Attorney Dept., effective 5-31-02. Retirement. Copy filed.

Motion by Walish second by Boykin to approve a request of retiree, Richard Matousek, to remain on the County dental insurance plan at his own expense with coverage for himself and his spouse. Carried 5-0. Copy filed.

Ms. Kathy Mengel of Wellmark Administrators, Inc. discussed with the Board issues surrounding health insurance (stop loss coverage) for the Woodbury County self insured plan.

Motion by Welte second by Walish to approve a $90,000.00 stop loss coverage plan for health insurance. Carried 5-0. Copy filed.

The Public Hearing was held at 10:15 A.M. for the Sale of Property, Real Estate Parcel #26010, to the City of Sioux City Only for Perry Creek Project (1123 McDonald Street). The Chairman called on anyone wishing to be heard on said sale.

Motion by Boykin second by Batcheller to close the Public Hearing on the sale of Real Estate Parcel #26010 to the City of Sioux City Only for Perry Creek Project, as there was no one present wishing to be heard on said sale. Carried 5-0.

Motion by Welte second by Boykin to approve and authorize the Chairman to sign Resolution No. 9560 approving the sale of property, Real Estate Parcel #26010, to the City of Sioux City Only for Perry Creek Project for $1.00 plus recording fees. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9560

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:

By City of Sioux City in the sum of One Dollar ($1.00)

For the following described real estate, To Wit:

Parcel #026010

Auditors Plat of Blocks 55-57, Sioux City Addition, and 60 Feet Sioux City East Addition, the North 38 Feet of the East 110 Feet, Tax Lot 20, Sioux City East Addition, City of Sioux City, Woodbury County, Iowa (a.k.a. 1123 McDonald Street)

Now and included in and forming a part of the City of Sioux City , Iowa, the same is hereby accepted: said

Amount being a sum LESS than the amount of the general taxes, interests, costs and penalties against the said Real

Estate.

BE IT RESOLVED that payment is due by close of business on the day of passage of this resolution or this sale is null and void and this resolution shall be rescinded.
BE IT RESOLVED that per Code of Iowa Section 569.8(3 & 4), a parcel the County holds by tax deed shall not be assessed or taxed until transferred and upon transfer of a parcel so acquired gives the purchaser free title as to previously levied or set taxes. Therefore, the County Treasurer is requested to abate any taxes previously levied or set on this parcel(s).
BE IT FURTHER RESOLVED that the Chairman of this Board be and he is hereby authorized to execute a Quit Claim Deed for the said premises to the said purchaser.
SO DATED this 30TH day of April, 2002.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board discussed the consideration of final plats for Bakers Acres Subdivision for property located in the NWNE Section Woodbury Township submitted by Mr. and Mrs. E.B. Baker.

Motion by Batcheller second by Boykin to approve and authorize the Chairman to sign Resolution No. 9561 approving final plats and paving agreement of Bakers Acres Subdivision. Carried 5-0.

BOARD OF SUPERVISORS RESOLUTION

RESOLUTION NUMBER: 9561

RESOLUTION ACCEPTING AND APPROVING BAKERS ACRES, AN ADDITION TO WOODBURY COUNTY, IOWA.

WHEREAS, THE OWNERS AND PROPRIETORS DID ON THE 25TH DAY OF MARCH, 2002, FILE WITH THE WOODBURY COUNTY ZONING COMMISSION A CERTAIN PLAT DESIGNATED AS BAKERS ACRES, AN ADDITION TO WOODBURY COUNTY, IOWA; AND

WHEREAS, IT APPEARS THAT SAID PLAT CONFORMS WITH ALL OF THE PROVISIONS OF THE CODE OF THE STATE OF IOWA AND ORDINANCES OF WOODBURY COUNTY, IOWA, WITH REFERENCE TO THE FILING OF SAME; AND

WHEREAS, THE ZONING COMMISSION OF WOODBURY COUNTY, IOWA HAS RECOMMENDED THE ACCEPTANCE AND APPROVAL OF SAID PLAT; AND

WHEREAS, THE COUNTY ENGINEER OF WOODBURY COUNTY, IOWA HAS RECOMMENDED THE ACCEPTANCE AND APPROVAL OF SAID PLAT.

NOW THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE WOODBURY COUNTY BOARD OF SUPERVISORS, WOODBURY COUNTY, STATE OF IOWA, THAT THE PLAT OF BAKERS ACRES, AN ADDITION TO WOODBURY COUNTY, IOWA BE, AND THE SAME IS HEREBY ACCEPTED AND APPROVED, AND THE CHAIRMAN AND SECRETARY OF THE WOODBURY COUNTY BOARD OF SUPERVISORS, WOODBURY COUNTY, STATE OF IOWA, ARE HEREBY DIRECTED TO FURNISH TO THE OWNERS AND PROPRIETORS A CERTIFIED COPY OF THIS RESOLUTION AS REQUIRED BY LAW.

PASSED AND APPROVED THIS 30 DAY OF APRIL, 2002.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Walish to approve and receive for signatures Resolution No. 9562 thanking and commending Donald J. Smith, Jr., for his service to Woodbury County. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION NO. 9562

A RESOLUTION THANKING AND COMMENDING

Donald J. Smith, Jr.

FOR HIS SERVICE TO WOODBURY COUNTY

WHEREAS, Donald J. Smith, Jr. has capably served Woodbury County as an employee of the Woodbury County Secondary Roads Department for 38 years, from April of 1961 to November 1966 and from July of 1969 to May 2002; and

WHEREAS, the service given by Donald J. Smith, Jr. as a Woodbury County employee, has been characterized by his dedication to the best interests of the citizens of Woodbury County; and

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA that the undersigned members of this Board thanks and commends Donald J. Smith, Jr. for his thirty eight years of service to Woodbury County; and

BE IT FURTHER RESOLVED that it is the wish of all those signing below that the future hold only the best for this very deserving person, Donald J. Smith, Jr.; and

BE IT SO RESOLVED this 30th of April, 2002.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Welte to approve E911 support letters. Carried 5-0. Copy filed.

Motion by Batcheller second by Walish to set the public hearing date of May 21, 2002, at 10:20 A.M. on proposal to issue revenue bonds. Carried 5-0. Copy filed.

Motion by Walish second by Batcheller to approve and authorize the Chairman to sign Resolution No. 9563 authorizing a Memorandum of Agreement with Briar Cliff University and fixing a date for a hearing on the proposed issuance of Private College Revenue Bonds (Briar Cliff University Project). Carried 5-0.

RESOLUTION #9563

A Resolution authorizing the execution of a Memorandum of Agreement with Briar Cliff University and fixing a date for a hearing on the proposed issuance of Private College Revenue Bonds (Briar Cliff University Project).

WHEREAS, the County of Woodbury, State of Iowa (the Issuer), is a County authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 2001 as amended (the Act), to issue revenue bonds 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) or to retire any existing indebtedness on a facility for a Tax Exempt Organization or to refund any Bonds issued pursuant to the Act; and

WHEREAS, the Issuer has been requested by Briar Cliff University (the Borrower), a Tax Exempt Organization, to issue its Private College Revenue Bonds (Briar Cliff University Project), in an aggregate principal amount not to exceed $5,505,000 (the Bonds) pursuant to the Act, and to loan said amount to the Borrower for the purpose of retiring an existing term loan (the Existing Debt) from First National Bank (the Lender) the proceeds of which were applied to redeem the outstanding principal amount of the Private College Facility Revenue Bonds (Briar Cliff College Project), Series 1999B (the Prior Bonds) issued by the Iowa Higher Education Loan Authority (the Authority) for the purpose of financing all or a portion of the costs of constructing, equipping and furnishing a Student Center and other improvements, equipment, structures and facilities located on the campus of the Borrower located at 3303 Rebecca Street, Sioux City, Iowa (together, the Project) and financing the 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 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, 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 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 under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue the Bonds for such purpose;

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 21st day of May, 2002, at the Woodbury County Courthouse, Sioux City, Iowa, at 10:20 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 PRIVATE COLLEGE REVENUE BONDS
(BRIAR CLIFF UNIVERSITY PROJECT)

The Board of Supervisors of Woodbury County, Iowa, (the Issuer) will meet on the 21st day of May, 2002, at 10:20 o'clock a.m., at the Woodbury County Courthouse in Sioux City, Iowa, for the purpose of conducting a public hearing on the proposal to issue Private College Revenue Bonds (Briar Cliff University Project), of the Issuer, in an aggregate principal amount not to exceed $5,505,000 (the Bonds), and to loan said amount to Briar Cliff University (the Borrower), for the purpose of retiring an existing term loan (the Existing Debt) from First National Bank (the Lender) the proceeds of which were applied to redeem the outstanding principal amount of the Private College Facility Revenue Bonds (Briar Cliff College Project), Series 1999B (the Prior Bonds) issued by the Iowa Higher Education Loan Authority (the Authority) for the purpose of financing all or a portion of the costs of constructing, equipping and furnishing a Student Center and other improvements, equipment, structures and facilities all located on the campus of the Borrower located at 3303 Rebecca Street, Sioux City, Iowa (together, the Project) and financing 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 Borrower, 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 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.

Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

Passed and approved April 30, 2002.

WOODBURY COUNTY BOARD OF SUPERVISORS

EXHIBIT A
MEMORANDUM OF AGREEMENT

THIS MEMORANDUM OF AGREEMENT is between the County of Woodbury, Iowa, (the Issuer) and Briar Cliff University (the Borrower).

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, 2001, as amended (the Act) to issue revenue bonds 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) or to retire any existing indebtedness on a facility for a Tax Exempt Organization and to refund any Bonds issued pursuant to the Act.

(b) The Borrower wishes to obtain satisfactory assurance from the Issuer that, subject to the public hearing required by the Act and Section 147(f) of the Code, such bonds will be issued by the Issuer for the purpose of retiring an existing term loan (the Existing Debt) from First National Bank (the Lender) the proceeds of which were applied to redeem the outstanding principal amount of the Private College Facility Revenue Bonds (Briar Cliff College Project), Series 1999B (the Prior Bonds) issued by the Iowa Higher Education Loan Authority (the Authority) for the purpose of financing all or a portion of the costs of constructing, equipping and furnishing a Student Center and other improvements, equipment, structures and facilities all located on the campus of the Borrower located at 3303 Rebecca Street, Sioux City, Iowa (together, the Project) and financing the costs of issuance and certain other costs associated with the issuance of the Bonds; and

(c) The Issuer considers that the financing of retiring the Existing Debt 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 $5,505,000.

(b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act, it will cooperate with the Borrower in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Borrower 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.

3. Undertakings on the Part of the Borrower.

(a) The Borrower will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to retiring the Existing Debt and the issuance and sale of such bonds.

(b) The Borrower will enter into a Loan Agreement with the Issuer under the terms of which the Borrower will obligate itself 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 Borrower herein are subject to the condition that on or before two years from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Borrower 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 Borrower agrees (i) to pay all applicable 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 Borrower.

(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 or 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 Internal Revenue Code, including the holding of a public hearing with respect thereto.

(d) 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.

(e) 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 Borrower Counsel or Bond Counsel.

Copy filed.

Supervisors Batcheller and Welte gave an update on the jail food contract.

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 May 7, 2002.