Board of Supervisors Proceedings Regular Session January 18, 1999, at 3:00 p.m.

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Board of Supervisors Proceedings Regular Session, at 3:00 p.m. The Board met in regular session on, at 3:00 p.m. in the Board of Supervisor's Office, 2nd Floor, northeast corner of the courthouse. All members present. Consent Agenda: 1. Approve Minutes--from Regular Session of January 4, 1999 and Special Session of January 6, 1999 2. Approve Personnel Actions: a) Resignation of Jane Hays, Assistant Auditor, effective February 22, 1999. 3. Appointments: a) Dr. David Bethel, County Medical Examiner - 2-year term b) John E. Soorholtz, District Administrative Board of Correctional Services - 1-year term c) Ronald D. Goecke, Alternate, District Administrative Board of Correctional Services - 1-year term d) Ronald D. Goecke, Mental Health Center of Mid-Iowa Board of Directors - 1-year term e) John E. Soorholtz, Region VI Planning Commission - 1-year term f), Substance Abuse Treatment Unit of Central Iowa (SATUCI) - 1-year term g) Ronald D. Goecke, Youth & Violence Committee - 1-year term h) Ronald D. Goecke, Marshalltown Cluster Decategorization Child Welfare Service Plan - 1-year i), Public Safety Communications Center Committee - 1- year term j) John E. Soorholtz, Alternate, Public Safety Communications Center Committee - 1-year term k), Emergency Management Agency - 1-year term l) John E. Soorholtz, Central Iowa Juvenile Detention Commission (Eldora) - 1-year term m), Alternate, Central Iowa Juvenile Detention Commission (Eldora) - 1-year term n) Ronald D. Goecke, North Iowa Juvenile Detention Center (Waterloo) - 1-year term o) John E. Soorholtz, Alternate, North Iowa Juvenile Detention Center (Waterloo) - 1-year term p), Landfill Commission - 1-year term q), MEDIC - 1-year term r) Ronald D. Goecke, Private Industry Council LEO (Local Elected Official) - 1-year term. s), Alternate, Private Industry Council LEO (Local Elected Official) - 1-year term. t) John E. Soorholtz, Transitional Advisory Board Area VI - 1-year term u) John E. Soorholtz, Area Agency on Aging - 1-year 1

v) To the Marshall County Condemnation Compensation Commission - 1-year terms as follows: Owner - Operator of Farm: Howard Stubbs, Don Pfantz, Don Burt, Thomas W. Speas, Diane J. Martin, Clair Long, Orval Wiemers, Don Wogen, David Scott and Virtus Brockman Realtors: JoAnn Butcher, Dean Elder Jr., Marlene Hartwig, Joseph W. Ludley, Phyllis Collier, Todd Arendt, and David L. Cagwin City or Town Owners of Property: Larry Southard, Wendell Harmon, Sarah Hesmer, Conrad DeJardin, Pat Walters, Wayne McDonald, Helen Settle, Howard Stegmann, Helen Robinson, Derol Hafar, Kim Hulin, Jan Anderson, and Jean Clawson Persons Having Knowledge of Property Values: Sandi Gowdy, Joseph Armbrecht, Jim Bacino, Anrose Foster, Alan Erickson, Gordon Leth, Cecil Buschbom, Carolyn Koll, Russ D. Paul, and James Phipps 4. Accept Auditor's Quarterly Report--quarter ending December 31, 1998 General Basic - misc. office fees $338.30 General Supplemental - election fees $293.78 5. File District Court Report--December 1998 General Supplemental Fund 10% Surcharge - $638.49 6. Request for Utility Permit--#9902 from GTE Midwest, Incorporated for a permit to install a buried communications line along the 1100 mile of Wallace Ave. between Sections 9 and 10, T-85N, R-17W, Vienna Township. Items 2 and 17 are waived. 7. Request for Utility Permit--#9903 from McLeod USA for a permit to install an overhead communications line along the 2000 and 2100 miles of 230th St. and Knoll Way between Sections 1, 2 11 and 12, T-83-N, R19W, Washington Township. These lines will be attached to the poles of Alliant covered under permit #9901. In addition, they will be removing their line from the west, south and east sides of the NW 1/4 Section 11, T-83N, R-19W, Washington Township. Items 2 and 17 are waived. 8. Approve Transfer of Funds--quarterly transfers to be made for quarter ending December 31, 1998. Transfer #665 from General Basic to Sec. Rd. Fund $ 42,250.00 Transfer #666 from Rural Serv. Basic to Sec. Rd. Fund $296,250.00 Transfer #667 from General Basic to Conservation Land Acquisition Trust $ 1,849.82 9. Approve Claims--as audited and authorize the County Auditor to issue warrants in payment of same. The listing of claims paid at this meeting will be included with all claims paid for the month of January; the January list of claims will be a part of the first meeting in February. Motion by Soorholtz, second by Goecke to adopt the consent agenda as printed above. 2

Zoning Administrator-Current Activity Report and Year-End Activity Report-- submission of the reports on permits issued in the county. Motion by Goecke, second by Soorholtz to accept the report submitted by the County Zoning Administrator. Zoning Administrator, Sanitarian, and Weed Commissioner 5-year Comprehensive Administrative Plan 1999-2003--John Kunc submitted the plan for discussion and acceptance. Motion by Soorholtz, second by Goecke to accept the 5-year plan of the Zoning, Sanitarian, and Weed Department. Secondary Road-Equipment Purchase--discussion and action on the purchase of a brine tank and delivery system. This unit will serve double duty as a liquid transport vehicle and as a delivery system for liquid ice control products. The quote price from Hawkeye Truck Equipment is $8,700.00. Motion by Goecke, second by Soorholtz to approve the equipment purchase from Hawkeye Truck Equipment in the amount of $8,700.00. Secondary Road-Hiring Calhoun-Burns and Associates, Inc. to Update the Design for Bridge D-15, Project FM-65(37)--discussion and action on the approval of hiring of Calhoun-Burns and Associates, Inc. to update the design for Bridge D-15, Project FM- 65(37) at the estimated cost of $1,500.00. This project is the construction of a new bridge across Minerva Creek in the 1400 mile of Eastman Ave. Motion by Soorholtz, second by Goecke to approve the hiring of Calhoun-Burns and Associates, Inc. to update the design for Bridge D-15, Project FM-65(37). Courthouse-Painting in County Assessor's Office--discussion and action on the bid from Downs Painting & Decorating in the amount of $910.00 to patch and paint walls and door frames in the County Assessor's Office. Motion by Goecke, second by Soorholtz to accept the bid of Downs Painting & Decorating in the amount of $910.00. 3

4 Board Meeting of Animal Rescue League Agreement--between the Animal Rescue League of Marshalltown and the Marshall County Board of Supervisors, for the purpose of picking up certain stray animals that are causing a nuisance and are confined by persons other than their owners. Marshall County will reimburse the Animal Rescue League in the amount of $6,000.00 for the one-year period ending December 31, 1999. In addition, when the supervisors request that the Animal Rescue League pick up stray confined animals in the County, the League will be reimbursed monthly by the Board of Supervisors in the amount of.50 per trip mile with a minimum of $10.00 for any one given trip. Motion by Soorholtz, second by Goecke to table this item until February 1, 1999. MCCF (Old Site) Farm-Set Time and Place to Accept Bids on Renting Farm Ground--discussion and action on setting time and place for receiving bids for the rental of the farm ground at the old Marshall County Care Facility Site. Motion by Soorholtz, second by Goecke that Marshall County will be taking sealed bids for cash rent on two hundred and thirty-six acres, more or less, of land located in Sections 9 and 10, Washington Township, former Marshall County Care Facility site. One-half of the cash rent is due and payable on June 1, 1999, with the balance due and payable on December 1, 1999. All bids must be submitted to the office of the Marshall County Board of Supervisors by 4:30 p.m., February 12, 1999. Bids will be opened February 16, 1999, at the 9:00 a.m. public meeting of the Board of Supervisors. Those submitting bids will have the opportunity to raise their bids after they are opened. The Marshall County Board of Supervisors reserves the right to refuse any and all bids. Veterans' Affairs-Executive Director Position--discussion and action on the recommendation of the Commission of Veterans Affairs that the position of Executive Director be upgraded to a full time position at the current rate of pay effective January 1, 1999. Motion by Goecke, second by Soorholtz to table this item until after the adoption of the 1999-2000 budget. Resolution-Authorizing the Approval of and Participation in a Joint Powers Agreement and Declaration of Trust for the Iowa Public Agency Investment Trust, Authorizing Investments Through the Fixed Term Automated Investment Program of IPAIT and Authorizing IPAIT to Designate and Name Depositories-- Whereas, Iowa Code Section 28E.1 permits political subdivisions to make efficient use of their powers by enabling them to provide joint services with other Public Agencies and to cooperate in other ways of mutual advantage, and to exercise and enjoy jointly any powers, privileges or authority exercised or capable of being exercised by one Public Agency of this state or private agencies for the joint or cooperative action; and Whereas, Iowa Code Sections 331.555 and 384.21 empowers Cities, City Utilities, and Counties to invest their moneys pursuant to a joint investment agreement; and

5 Board Meeting of Whereas, the City of Fairfield, the Maquoketa Municipal Utility, and Buchanan County are political subdivisions organized and existing under and by virtue of the laws and Constitution of the State of Iowa and have approved the Joint Powers Agreement and Declaration of Trust and thereby they have established the Iowa Public Agency Investment Trust as of October 1, 1987, and amended as of May 1, 1993; and Whereas, this Governing Body desires to adopt and enter into the Joint Powers Agreement and Declaration of Trust, and it is in the best interest of this Governing Body to participate in the Iowa Public Agency Investment Trust for the purpose of joint investment of moneys with other cities, city utilities and counties to enhance investment earnings to each; and Whereas, this Governing Body deems it to be advisable for this public agency to make use, from time to time, of the Fixed Term Automated Investment Program available to Participants of IPAIT; Now, Therefore, Be It Resolved: Section 1. The Joint Powers Agreement and Declaration of Trust is approved and adopted. This Public Agency joins with the other public agencies in accordance with the Joint Powers Agreement and Declaration of Trust, as amended, (the "Declaration of Trust") which is incorporated herein by reference with the same effect as if it had been set out in this resolution by becoming a Participant of IPAIT. The Joint Powers Agreement and Declaration of Trust is filed in the minutes of the meeting at which this Resolution is adopted. The authorized officials of this Public Agency are directed and authorized to take such actions and execute documents as may be deemed necessary and appropriate to effect the entry of this Public Agency into the Declaration of Trust and adoption thereof by this Public Agency and to carry out the intent and purpose of this Resolution. Section 2. This Public Agency is authorized to invest its available moneys from time to time and to withdraw such moneys from time to time in accordance with the provisions of the Declaration of Trust and the Fixed Term Automated Investment Program of IPAIT. Payment for any investments made within the Fixed Term Automated Investment Program is authorized from the Public Agency's specified IPAIT Account. Interest and principal payments must be credited to the Public Agency's designated Trust Account. The Custodian will hold investments in the name of IPAIT for the account of the public Agency. The following officers and officials of this Public Agency and their respective successors in office each are designated as "Authorized Officials" with full power and authority to effectuate the investment and withdrawal of moneys with this Public Agency from time to time in accordance with the Joint Powers Agreement and Declaration of Trust. Name Title Deane R. Adams Treasurer Cheri L. Lockhart Assistant Treasurer Debra J. Akins Tax Account Supervisor IPAIT must be advised of any changes in Authorized Officials in accordance with procedures established by IPAIT. Section 3. The Trustees of IPAIT are designated as having official custody of this Public Agency's moneys which are invested in accordance with the Joint Powers Agreement and Declaration of Trust and any moneys invested in accordance with the Trust's Fixed Term Automated Investment Program.

Section 4. IPAIT is authorized to designate and name depositories and to file form CPE-31019, to execute documents, and to take actions as may be necessary to purchase and make payment, sell, secure, or take payment of principal and interest. Certificates of deposit must be purchased only from financial institutions designated by IPAIT which are approved depositories as prescribed by Iowa Code Chapter 573. Section 5. Authorization is given for members and officials of this Public Agency to serve as Trustees of IPAIT from time to time if selected as such pursuant to the provisions of the Declaration of Trust. Section 6. Unless otherwise expressly defined, words that are capitalized in the Resolution have meanings defined in the Joint Powers Agreement and Declaration of Trust. Motion by Soorholtz, second by Goecke to adopt this Resolution. _ Resolution Naming a Bank Depository-- Resolved, that the Board of Supervisors of Marshall County, Iowa, approves Iowa Public Agency Investment Trust, Des Moines, Iowa, as a financial institution for deposits of County funds in conformance with all applicable provisions of Iowa Code Chapters 12B and 12C (1997). The Marshall County Officers are hereby authorized to deposit the County funds at Iowa Public Agency Investment Trust, Des Moines, Iowa, in amounts not to exceed the maximum of $12,000,000. Motion by Goecke, second by Soorholtz to adopt this Resolution. _ Resolution-Sale of County Owned Real Estate-306 N. 11th Ave., Marshalltown-- Whereas, on September 14, 1998, the Board of Supervisors adopted a Resolution to sell county owned real estate described as: Lot 109, Melrose Park, an Addition to Marshall, Marshall County, Iowa, and setting September 28, 1998, at 9:00 a.m. as the time and place of a public hearing, and September 28, 1998, at 10:00 a.m. as the time and place of a public auction, and Whereas, Notice of said hearing was published in a timely manner in the official county newspapers, and Whereas, there were no comments; questions or objections to the hearing regarding the proposed sale of said real estate at the Public Hearing at 9:00 a.m. on September 28, 1998, and 6

Whereas, at the Public Auction held on September 28, 1998, at 10:00 a.m. there was no bid for the above-described real estate, and Whereas, on January 10, 1999, the Board of Supervisors received a written bid from Steve May in the amount of $300.00 for the above-described real estate. Now, Therefore, Be It Resolved that the written bid of Steve May on January 10, 1999, in the amount of $300.00 for the real estate described as Lot 109, Melrose Park, an Addition to Marshall, Marshall County, Iowa, be accepted and the Chairman of the Board of Supervisors and the County Auditor be authorized to sign a Quit Claim Deed. Motion by Soorholtz, second by Goecke to adopt this Resolution. _ Resolution-Authorizing Board of Supervisors to Sign Documents at the Marshall County Farm Service Agency-- Whereas, from time to time it has been necessary for the Board of Supervisors to sign documents on behalf of Marshall County at the Marshall County Farm Service Agency. Now, Therefore, Be It Resolved by the Marshall County Board of Supervisors that any member, now or in the future, of the Board of Supervisors, be authorized to sign documents at the Marshall County Farm Service Agency on behalf of Marshall County. Motion by Goecke, second by Soorholtz to adopt this Resolution. _ Adjournment--There being no further business to come before the Board, the meeting is adjourned. The next regular meeting is February 1, 1999, 9:00 a.m. All business to be acted upon at that session should be submitted to the County Auditor s Office or the Board of Supervisors Office by January 28, 1999, at 1:00 p. m. _ 7