• MARION COUNTY BOARD OF SUPERVI...

MARION COUNTY BOARD OF SUPERVISORS THIRTY THIRD DAY DECEMBER 26, 2017 The Marion County Board of Supervisors met in regular session at the Marion County Courthouse on Tuesday, December 26, 2017 with Mark Raymie, Craig Agan and Steve Mc Combs present. Chairman Raymie opened the regular session at 9:00 A.M. Unless otherwise indicated, all of the motions offered at this meeting were carried with the following vote: Ayes: Raymie, Agan, Mc Combs Nays: None Abstentions: None Absent: None Agenda: Agan moved and Mc Combs seconded to approve agenda dated December 26, 2017. Communications: None Public Comments: None Consent Agenda: Mc Combs moved and Agan seconded to approve the consent agenda: 1. Approval of Marion County Warrants 223423-223605 through 12/26/17. 2. Approval of Marion County Conservation Board warrants #223396 - #223422 through 12/19/17. 3. Approval of Marion County Board of Supervisor regular session minutes: 12/12/17 4. Approval of Marion County employee salary adjustments. Complete list available in the AuditorÕs Office. Business: 1. Chairman Raymie opened a public hearing at 9:00 a.m. on proposed disposition of County Property. County Property located at 1111 Newbold Street, Knoxville, IA 50138. The County is proposing to dispose of the County Care Facility and surrounding acres in its entirety to one buyer. The property is legally described as ÒThe South half of the Southwest quarter of Section Eleven (11), and the West half of the Northwest quarter, and the Northeast quarter of the Northwest quarter of Section 14, all in Township 75 North, Range 20 West of the 5th P.M. in Marion County, Iowa, except the part conveyed to the State of Iowa subject to public road right-of-way.Ó No comments were received. Agan moved and Mc Combs seconded to close the Public Hearing. 2. Mc Combs moved and Agan seconded to approve Resolution 2017-70 disposition of County Property Ð County Care Facility property located at 1111 Newbold St., Knoxville IA 50138 as follows: Disposition of County Property: County Care Facility located at 1111 Newbold Street, Knoxville, IA 50138. The Board of Supervisors has adopted a proposed resolution to dispose of the above mentioned County property. Public Hearing is set for December 26, 2017 at 9:00 a.m. for public comment regarding the proposed resolution. The proposed resolution is as follows: 1. The County will dispose of the County Care Facility and surrounding acreage in its entirety to one buyer. The property is legally described as ÒThe South half of the Southwest quarter of Section Eleven (11), and the West half of the Northwest quarter, and the Northeast quarter of the Northwest quarter of Section 14, all in Township 75 North, Range 20 West of the 5th P.M. in Marion County, Iowa, except the part conveyed to the State of Iowa subject to public road right-of-way.Ó 2. As a condition of the sale, the buyer shall be responsible for de-commissioning the existing lagoon/septic system. 3. The County will accept sealed bids for the property for a period of four weeks upon adoption of this proposed resolution. 4. All bidders meeting an undisclosed minimum threshold bid, will then be invited for a live auction to be set at a later date with all other qualifying bidders. 5. All qualifying bidders attending the live auction will need to have $25,000 to place in escrow prior to the live auction. 6. Any inquiries for showings of the property are to be directed at Board of Supervisor Mark Raymie. He may be contacted at 641-828-2231, extension #3. 7. All bids should be submitted to the Marion County AttorneyÕs Office attn: Assistant Marion County Attorney Ross Gibson, 214 East Main Street, Knoxville, IA 50138. 3. Agan moved and Mc Combs seconded to approve Resolution 2017-71 Ð participation in Opioid Epidemic Litigation Lawsuit as follows: Whereas, Marion County (ÒCountyÓ) is concerned with the recent rapid rise in troubles among County citizens, residents, and visitors in relation to problems arising out of the use, abuse and overuse of opioid medications, which according to certain studies, impacts millions of people across the country; and Whereas, issues and concerns surrounding opioid use, abuse and overuse by citizens, residents and visitors are not unique to County and are, in fact, issues and concerns shared by all other counties in Iowa and, for that matter, states and counties across the country, as has been well documented through various reports and publications, and is commonly referred to as the Opioid Epidemic (ÒOpioid Epidemic:); and Whereas, the societal costs associated with the Opioid Epidemic are staggering and, according to the Centers for Disease Control and Prevention, amount to over $75 billion annually; and Whereas, the National Institute for Health has identified the manufacturers of certain of the opioid medications as being directly responsible for the rapid rise of the Opioid Epidemic by virtue of their aggressive and, according to some, unlawful and unethical marketing practices; and Whereas, certain of the opioid manufacturers have faced civil and criminal liability for their actions that relate directly to the rise of the Opioid Epidemic; and Whereas, County has spent millions in unexpected and unbudgeted time and resources in its programs and services related to the Opioid Epidemic; and Whereas, County is responsible for a multitude of programs and services, all of which require County to expend resources generated through state and federal aid, property tax levy, fees and other permissible revenue sources; and Whereas, CountyÕs provision of programs and services becomes more and more difficult every year because the costs associated with providing the Opioid Epidemic programs and services continue to rise, yet CountyÕs ability to generate revenue is limited by strict levy limit caps and stagnant or declining state and federal aid to County; and Whereas, all sums that County expends in addressing, combatting and otherwise dealing with the Opioid Epidemic are sums that cannot be used for other critical programs and services that County provides to County citizens, residents and visitors; and Whereas, County has been informed that numerous counties and states across the country have filed or intend to file lawsuits against certain of the opioid manufacturers in an effort to force the persons and entities responsible for the Opioid Epidemic to assume financial responsibility for the costs associated with addressing, combatting and otherwise dealing with the Opioid Epidemic; and Whereas, County has engaged in discussions with representatives of the law firms of Crueger Dickinson LLC, Simmons Hanly Conroy LLC, and von Briesen&Roper, s.c., (the ÒLaw FirmsÓ) related to the potential for County to pursue certain legal claims against certain opioid manufacturers; and Whereas, County has been informed that the Law Firms have the requisite skill, experience and wherewithal to prosecute legal claims against certain of the opioid manufacturers on behalf of public entities seeking to hold them responsible for the Opioid Epidemic; and Whereas, the Law Firms have proposed that County engage the Law Firms to prosecute the aforementioned claims on a contingent fee basis whereby the Law Firms would not be compensated unless County receives a financial benefit as a result of the proposed claims and the Law Firms would advance all claim-related costs and expenses associated with the claims; and Whereas, all of the costs and expenses associated with the claims against certain of the opioid manufacturers would be borne by the Law Firms; and Whereas, the Law Firms have prepared an engagement letter, which is submitted as part of this Resolution (ÒEngagement LetterÓ) specifying the terms and conditions under which the Law Firms would provide legal services to County and otherwise consistent with the terms of this Resolution; and Whereas, County is informed that the Iowa Counties Association has engaged in extensive discussions with the Law Firms and has expressed a desire to assist the Law Firms, County and other counties in the prosecution of claims against certain of the opioid manufacturers; and Whereas, County would participate in the prosecution of the claim(s) contemplated in this Resolution and the Engagement Letter by providing information and materials to the Law Firms and, as appropriate, the Iowa State Association of Counties as needed; and Whereas, County believes it to be in the best interest of County, its citizens, residents, visitors and taxpayers to join with other counties in and outside Iowa in pursuit of claims against certain of the opioid manufacturers, all upon the terms and conditions set forth in the Engagement Letter; and Whereas, by pursuing the claims against certain of the opioid manufacturers, County is attempting to hold those persons and entities that had a significant role in the creation of the Opioid Epidemic responsible for the financial costs assumed by County and other public agencies across the country in dealing with the Opioid Epidemic. Now, Therefore Be It Resolved: County authorizes, and agrees to be bound by, the Engagement Letter and hereby directs the appropriate officer of the County to execute the Engagement Letter on behalf of the County; and Be It Further Resolved: County shall endeavor to faithfully perform all actions required of County in relation to the claims contemplated herein and in the Engagement Letter and hereby directs all County personnel to cooperate with and assist the Law Firms in relation thereto. The County Auditor shall forward a copy of this Resolution, together with the signed Engagement Letter, to the Law Firms at Erin Dickinson, Crueger Dickinson LLC, 4532 N. Oakland Ave., Whitefish Bay, WI 53211. 4. Chairman Raymie opened a Public Hearing at 9:27 a.m. on proposed amendment and adoption of Marion County Code of Ordinance 2017-55, Chapter 61 Flood Plain Regulations. The purpose of this ordinance is to update the current ordinance to comply with new National Flood Insurance Program regulations due to the adoption of the new Flood Insurance Rate Maps that will be effective February 18, 2018. No comments were received. Agan moved and Mc Combs seconded to close the Public Hearing. 5. Mc Combs moved and Agan seconded to approve 1st reading of Proposed Marion County Ordinance 2017-55 Ð Chapter 61 Flood Plain Regulations. 6. Agan moved and Mc Combs seconded to waive 2nd and 3rd reading and final approval of Marion County Ordinance 2017-55 Ð Chapter 61 Flood Plain Regulations and authorization of final publication. 7a. Discussion regarding County property located at 3014 E Main. Three bids were received for the construction of a building to provide storage of County records. Melissa Poffenbarger, Marion County Zoning comments the Board of Adjustments granted a 10 foot variance based on the presented building plan. Mc Combs moved and Raymie seconded to approve bid from Numark Building Corp, 102 E 15th St, Pella IA, 50219 for $93,400 for building and floor. 7b. Agan moved and Raymie seconded to direct IT and Maintenance departments to go forward with wiring and technology equipment project at 3014 E Main to prepare offices for occupancy. 8. Agan moved and Mc Combs seconded to approve Resolution 2017-72 presented by Marion County Treasurer for cancellation of Marion County outstanding warrants through 6/30/16 as follows: Whereas, the Marion CountyÕs outstanding warrant list is showing a number of outdated warrants, a list of which is attached, and Whereas, these checks have not been redeemed, and Whereas, warrants from various funds date up to June 30, 2016, Therefore Be It Resolved, that these checks be voided under the guidelines set forth by our software providers and the funds placed back in the fund balance in the amount shown. 9. Agan moved and Mc Combs seconded to approve the following appointment: Marion County Conservation Board Ð Karen Ackley Ð Term Ending 12/31/2022 10. Mc Combs moved and Agan seconded to approve the following appointment: Marion County Board of Adjustment Ð John Franey Ð Term Ending 12/31/2022 11. Agan moved and Mc Combs seconded to approve the following appointment: Marion County Zoning Commission Ð Sally Vander Linden Ð Term Ending 12/31/2022 Marion County Zoning Commission Ð Sandra Agan Ð Term Ending 12/31/2022 12. Mc Combs moved and Agan seconded to approve 5 year life extension from 10 years to 15 years of the City of PellaÕs Southwest Urban Renewal Area, an agreement by and among the City of Pella, County of Marion and Pella Community School District. 13. Agan moved and Mc Combs seconded to move into Closed Session pursuant to Iowa Code Chapter 21.5(1)(j). 14. Mc Combs moved and Agan seconded to reconvene from Closed Session at 10:18 a.m. 15. Agan moved and Mc Combs seconded the following motion: a. Direct County Attorney to check statutory code regarding County ownership requirements of Memorial Halls. b. After reviewing Iowa Code, authorize County Attorney to enter into negotiation with City of Pella Administrator to draft a transfer agreement for the Pella Memorial Building to the City of Pella. The City of Pella is also authorized to conduct a building inspection of the Memorial Hall. c. The County Attorney is to bring agreement before the Board of Supervisors and City of Pella for final approval. The following Board updates are: Agan: Would like to have discussion regarding advertisement of the County Care Facility Mc Combs: No report Raymie: Public Health meeting tonight Adjournment: There being no other business, Agan moved and Mc Combs seconded the meeting be adjourned at 10:27 a.m. Dani Graves, Deputy Auditor Mark Raymie, Chairman, Board of Supervisors
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PostedFebruary 15, 2018