Government : Benton County Board of Supervisor Minutes 12/26/17

December 26, 2017 The Benton County Board of Supervisors met in regular session with Supervisors Wiley, Primmer and Bierschenk present. The meeting was called to order at 8:45 a.m. Unless otherwise noted, all actions were approved unanimously. Primmer moved/Bierschenk seconded: To approve minutes of December 19, 2017. Motion carried. Primmer moved/Bierschenk seconded: Approve payment of checks numbered 225718 through 225858, payroll checks numbered 139858 through 139872, and ACH deposits numbered 33028 through 33157 vendor checks numbered 225859 through 225865. Motion carried. Bierschenk moved/Primmer seconded: To approve class B Liquor License for Kimm's Sinclair, Blairstown. Motion carried. Primmer moved/Bierschenk seconded: To approve and sign agreement with ISAC Wellness program for FY 19. Motion carried. Discussed the Iowa Good Roads Association membership bill of $90 annually, it was addressed to the Supervisors but will wait and talk with the Engineer before approving. Primmer moved/Bierschenk seconded: To acknowledge resignation of Melissa Boisen in the Recorder's office effective December 19, 2017. Motion carried. Bierschenk moved/Primmer seconded: To approve hiring of Laura Priest and Hannah Hoffa as a part-time dispatchers in the Sheriff's office effective December 26, 2017 at 13.99 an hour and after probation period is completed it will be14.99 an hour. Motion carried. Primmer moved/Bierschenk seconded: To approve hiring of Benjamin Weekly and Ben Eden as a part-time correction officers in the Sheriff's office effective December 26, 2017 at 13.99 an hour and after probation period is completed it will be14.99 an hour. Motion carried. Primmer moved/Bierschenk seconded: To approve and sign law enforcement contract with City of Luzerne for a yearly sum of $611.00 to be paid quarterly. Motion carried. 10:00 a.m. Conference call with Bob Josten, Bond Attorney with Dorsey and Whitney was had to ask him legal questions regarding GO Bonds. The board can icrease the debt service levy with qualified projects not to exceed $750,000 per project while reducing the mental health levy and spending down its fund balance. Toni Parizek, Director of Veterans Affairs presented her FY 19 budget. Parizek may possibly need a FY 18 amendment to cover the salary of the part-timer covering her while she is on maternity leave. Bierschenk moved/Primmer seconded: To enter into closed session pursuant to Iowa Code 21.5(1)c. Motion carried at 10:45 a.m. Primmer moved/Bierschenk seconded: To enter back into open session at 11:23 a.m. Motion carried. Primmer moved/Bierschenk seconded: To adopt Resolution # 17- 87 and sign an engagement letter with Simmons Hanly Conroy LLC, Crueger Dickinson LLC, and von Briesen & Roper, s.c. Motion carried. RESOLUTION #17-87 WHEREAS, Benton County ("County"�) 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 ("Opioid 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 money 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, County's 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 County's 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 "Law Firms"�) 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 ("Engagement Letter"�) 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 Wisconsin Counties Association 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 Wisconsin 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 Clerk 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. Signed this 26th day of December, 2017. _____________________________________ Todd A. Wiley, Chairman _____________________________________ Rick Primmer _____________________________________ Gary Bierschenk ATTEST: ________________________________ Hayley Rippel, Benton County Auditor Primmer moved/ Bierschenk seconded: To establish the rates for the non-union county employees' share of the health insurance premium for FY19 as follows: Single Plan: $72.50 per month Family Plan: $322.50 per month Retiree: Single Plan: $866.47 Family Plan: $1,938.25 The county's monthly premium for a single plan is $866.47 less the respective amounts above and $1,938.25 for a family plan less the respective amounts above. Motion carried. Primmer moved/Bierschenk seconded: To adjourn. Motion carried. _______________________________ Todd A. Wiley, Chairman ATTEST: _________________________________ Hayley Rippel, Benton County Auditor   ***The Board again named the Star Press, Vinton Eagle and Cedar Valley Times as the official newspapers for 2018.