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May 23, 2006 The
Lee County Board of Supervisors met on Tuesday, May 23, 2006 at 9:00 A.M., at
the South Lee County Courthouse in Keokuk. Present: Joe Kowzan, Larry Kruse, George Morgan, Rick Larkin and Bob
Woodruff. All votes are unanimous unless otherwise
indicated. Chairman
Morgan recognized guests in the audience from the Fort Madison and Keokuk
city governments. Moved
by Morgan, seconded by Kowzan, to approve the Tuesday, May 16, 2006 board
minutes. Motion carried. Moved
by Kruse, seconded by Larkin, to approve a contract between the Lee County
Auditor’s Office and Shields Moving Service for pick-up and delivery of
voting equipment to begin with the election cycle in June, 2006 and ending
December 31, 2008. Motion carried. Based
on past history, it was moved by Woodruff, seconded by Kruse, to deny a
resolution reclassifying a Recorder’s real estate clerk position to
administrative assistant. Woodruff-aye, Kruse-aye, Kowzan-aye, Larkin-nay and
Morgan-aye. Motion carried. Moved
by Woodruff, seconded by Kruse, to approve a contract as proposed between Lee
County and Hope Haven Area Development for the operation of a Community
Outreach Center for the period July 1, 2006 through June 30, 2007.
Woodruff-aye, Kruse-aye, Kowzan-aye, Larkin-aye and Morgan-nay. Motion
carried. The Board directed CPC Director Jim Posz to come back in December
with an update on the progress of the center. Moved
by Kowzan, seconded by Kruse, to approve a lease for space agreement, located
at 1717 Ave H., Fort Madison, without a garage, between Lee County and
Victoria Thurston Woodbury for the operation of a Community Outreach Center,
beginning July 1, 2006 and ending June 30, 2007. Motion carried. Moved
by Kowzan, seconded by Larkin, to approve a Service Agreement with IBM for
AS400 service, for the period May 6, 2006 through May 5, 2007 in the amount
of $9,618.40. Motion carried. Upon
recommendation of County Engineer Dennis Osipowicz, it was moved by Kruse,
seconded by Kowzan, to award a bid for the purchase of a backhoe/loader to
Tri-State Construction Equipment Company of Palmyra, Missouri, in the amount
of $77,400.00. Motion carried. Other bids received were from Altorfer
Machinery Co., Cedar Rapids, Iowa, for $81,895.00. Moved by
Kowzan, seconded by Kruse, to award a contract for special order culverts to
Metal Culverts, Inc., Jefferson City, Missouri, in the amount of $6,507.10.
Motion carried. Other bids received were Midwest Culvert, Ltd., Ankeny, Iowa,
for $8,570.55 and Northern Iowa Construction Products, Cedar Falls, Iowa, for
$7,235.00. Moved by
Woodruff, seconded by Kowzan, to approve payment of $85.05 for printing
charges for letting plans to the Iowa Department of Transportation. Motion
carried. Moved by
Morgan, seconded by Kruse, to approve an agreement with the Iowa Department
of Transportation for federal funds for resurfacing J62. Motion carried. Moved by
Kowzan, seconded by Larkin, to approve an agreement with the Iowa Department
of Transportation for federal funds for Croton Bridge (BR #135). Motion
carried. Moved by
Woodruff, seconded by Kruse, to approve the following resolution, contingent
upon verification from the bargaining unit that further posting of the
position is not required: RESOLUTION
#2006 - 45
Resolution of the Lee County Board of Supervisors Approving
the Lifting of a Hiring Freeze to Allow the Lee County Engineer to Hire One
(1) Full-time Supervising Engineering Technician for the Purposes of
Replacing a Vacancy WHEREAS, the Lee County Board of Supervisors
approved a
hiring freeze for Lee County Iowa government (excluding Commissions and/or
Compensated Boards) from May 10, 2005 to July 5, 2006; and WHEREAS, the Lee County Board of Supervisors will
consider specific requests from Department Heads for exceptions on a case by
case basis; and WHEREAS, the
Lee County Engineer is requesting such an exception to hire one Full-time
Supervising Engineering Technician for the purposes of replacing a vacancy;
and WHEREAS,
the Lee County Board of Supervisors believes that it would be appropriate to
approve the Lee County Engineer’s request.
NOW THEREFORE, be it resolved that the Lee County Board
of Supervisors approves the lifting of the hiring freeze to allow the Lee
County Engineer to hire one Full-time Supervising Engineering Technician to
replace a vacancy in this position. Dated at Keokuk,
Iowa on the 23rd day of May, 2006. Lee County Board of Supervisors. /s/ George Morgan, Chairman, /s/
Larry W. Kruse, Vice-Chair, /s/ Robert J. Woodruff, Member, /s/ Rick Larkin,
Member, /s/ Joseph W. Kowzan, Member. Attest: /s/ Anne Pedersen, Lee County
Auditor. Motion carried. Citizen Comments/Questions/Concerns: Several members of the audience
made comments to the Board concerning the approval of a resolution creating a
Port Authority in Southeast Iowa. Among them were: Mike O’Connor, Keokuk 1st
Ward City Council Member, recommended that the Board approve the resolution.
He sees it as a tool to build economic development. Steve Ireland, Mayor of
the City of Fort Madison, stated that the Fort Madison City Council
previously approved the resolution and he is very much in support of a Port
Authority. John Rothgeb, General Manager of Tri-City Energy LLC, stated that
his company would be putting approximately $100-$150 million into a Port
Authority and would prefer to keep that money in Keokuk. Doug Abolt,
Donnellson, asked to whom the Port Authority Board would be accountable. Mayor
Ireland confirmed that the Port Authority Board Members would be accountable
to the entities that appointed them. It was moved by
Woodruff, seconded by Kruse, to approve the following resolution as read by
Chairman Morgan: Resolution # 2006 - 46 RESOLUTION
CREATING THE SOUTHEAST IOWA REGIONAL ECONOMIC AND PORT AUTHORITY WHEREAS,
Chapter 28J of the Iowa Code allows two or more political subdivisions to
create a port authority by resolution; and WHEREAS,
the City of Fort Madison, Iowa; the City of Keokuk, Iowa; and Lee County,
Iowa desire to create a port authority; and WHEREAS,
at a duly called meeting of the Lee County Board of Supervisors which
occurred on May 23, 2006, the decision was made to adopt this Resolution. NOW,
THEREFORE, it is hereby resolved by the Lee County Board of Supervisors that: 1.
A port authority is hereby established with jurisdiction to encompass real or
personal property within the territory of the undersigned political
subdivision that is owned by the port authority or real or personal property
within the territory of the undersigned otherwise owned, operated or
controlled in a manner related to the furtherance of one or more of the
authorized purposes as set forth in chapter 28J.1 (1) code of Iowa, and 2.
The port authority shall be known as the Southeast Iowa Regional Economic and
Port Authority; and 3.
The Southeast Iowa Regional Economic and Port Authority shall have all powers
contemplated by Chapter 28J of the Iowa Code except eminent domain or zoning
powers. Nothing expressed or implied in this resolution shall represent any
financial commitment to the port authority on behalf of the undersigned
political subdivision. 4.
The Southeast Iowa Regional Economic and Port Authority shall be governed by
a board of directors comprised of two directors from each political
subdivision creating the authority. One of the directors appointed by each of
political subdivisions creating the authority shall serve an initial term of
two years. The remaining directors, and all subsequently appointed directors,
shall serve four year terms, except any person appointed to fill a vacancy
shall be appointed to only the unexpired term. Every two years, each
political subdivision shall appoint one successor director to fill one of the
vacancies created by the staggered terms. In the event of a vacancy on the
board, the political subdivision which appointed the director creating the
vacancy shall be entitled to appoint a director to fill the vacancy. 5.
Except in connection with the initial board, the Southeast Iowa Regional
Economic and Port Authority board of directors shall not include a member of
a legislative body of any political subdivision which is a part of the
authority. Any board member elected to any such legislative office during the
board member’s term of office on the board, shall immediately be removed from
the board and a successor shall be appointed for the remaining term of the
removed director in the same manner provided for the original appointment. 6.
By enacting this Resolution, the undersigned political subdivision agrees
that any surplus of funds as contemplated by Section 28J.13 of the Iowa Code
shall be paid, in equal shares, to the general funds of the following
political subdivisions which adopt a like resolution and appoint members of
the initial board of directors: The City of Fort Madison, the City of Keokuk,
and Lee County. Liabilities of the port authority shall not become
liabilities of the political subdivisions. 7.
Except as provided in Chapter 28J of the Iowa Code, nothing in this
Resolution shall be construed as altering, impairing, or diminishing the
authority of the undersigned. 8.
This Resolution shall only become effective when at least one of the
remaining two political subdivisions adopts a like resolution and appoints
its members of the initial board of directors. DATED this 23rd day of May,
2006. Lee County Board of Supervisors. /s/ George Morgan, Chairman, /s/
Larry W. Kruse, Vice-Chair, /s/ Robert J. Woodruff, Member, /s/ Rick Larkin,
Member, /s/ Joseph W. Kowzan, Member. Attest: /s/ Anne Pedersen, Lee County
Auditor. Roll call: Woodruff-aye,
Kruse-aye, Kowzan-aye, Larkin-aye and Morgan-aye. Motion carried. Moved by Larkin,
seconded by Kruse, to approve the following resolution: Resolution #2006 - 47 By
enacting this Resolution, the undersigned political subdivision hereby
appoints George Morgan to serve an initial term of two years on the
Southeast Iowa Regional Economic and Port Authority board of directors. Dated this 23rd day of
May 2006. Lee County Board of Supervisors. /s/ George
Morgan, Chairman, /s/ Larry W. Kruse, Vice-Chair, /s/ Robert J. Woodruff,
Member, /s/ Rick Larkin, Member, /s/ Joseph W. Kowzan, Member. Attest: /s/
Anne Pedersen, Lee County Auditor. Motion carried. Moved
by Larkin, seconded by Kruse, to approve the following resolution: Resolution #2006 - 48 By
enacting this Resolution, the undersigned political subdivision hereby appoints
Lowell Junkins to serve an initial term of four years on the Southeast
Iowa Regional Economic and Port Authority board of directors. Dated this 23rd day of
May 2006. Lee County Board of Supervisors. /s/ George
Morgan, Chairman, /s/ Larry W. Kruse, Vice-Chair, /s/ Robert J. Woodruff,
Member, /s/ Rick Larkin, Member, /s/ Joseph W. Kowzan, Member. Attest: /s/
Anne Pedersen, Lee County Auditor. Roll call: Larkin-aye, Kruse-aye,
Kowzan-nay, Woodruff-nay and Morgan-aye. Motion carried. Moved
by Kowzan, seconded by Kruse, to approve the following resolution: Resolution
#2006 - 49
We the Lee
County Board of Supervisors, as a member of Regional Utility Service Systems
(RUSS), do hereby approve and authorize RUSS to enter into a “Joint Agreement
for the Erection, Maintenance, and Operation of Plants and Systems for
Sanitary Sewer Services” with the Argyle
Sanitary Sewer District Board of Trustees.
In testimony whereof, the member counties duly authorize the Regional
Utility Service Systems Commission to execute this Agreement and issue such
revenue bonds or assume other debt obligations for the project as is
necessary. Dated this 23rd
day of May 2006. Lee County Board of Supervisors. /s/ George
Morgan, Chairman, /s/ Larry W. Kruse, Vice-Chair, /s/ Robert J. Woodruff,
Member, /s/ Rick Larkin, Member, /s/ Joseph W. Kowzan, Member. Attest: /s/
Anne Pedersen, Lee County Auditor. Motion carried. Moved
by Kowzan, seconded by Morgan, to approve the following resolution: Resolution
#2006 - 50
We the Lee
County Board of Supervisors, as a member of Regional Utility Service Systems
(RUSS), do hereby approve and authorize RUSS to enter into a “Joint Agreement
for the Erection, Maintenance, and Operation of Plants and Systems for
Sanitary Sewer Services” with the City of Harper. In testimony whereof, the member counties
duly authorize the Regional Utility Service Systems Commission to execute
this Agreement and issue such revenue bonds or assume other debt obligations
for the project as is necessary. Dated this 23rd
day of May 2006. Lee County Board of Supervisors. /s/ George
Morgan, Chairman, /s/ Larry W. Kruse, Vice-Chair, /s/ Robert J. Woodruff,
Member, /s/ Rick Larkin, Member, /s/ Joseph W. Kowzan, Member. Attest: /s/
Anne Pedersen, Lee County Auditor. Motion carried. Moved
by Kruse, seconded by Morgan, to approve the following resolution: Resolution # 2006 - 51 LEE COUNTY BOARD OF SUPERVISORS RESOLUTION
OF THE LEE COUNTY BOARD OF SUPERVISORS RESOLUTION
PROVIDING FOR TAX ABATEMENT WHEREAS, the City of Keokuk acquired certain
property located at 21 North 3rd Street, Keokuk deeded to the “Keokuk
Historic Preservation Commission”; and WHEREAS,
the Keokuk City
Attorney has advised that the “Keokuk Historic Preservation Commission” is a duly
authorized commission of the City of Keokuk pursuant to chapter 2.70 of the
Keokuk Municipal Code and it is accordingly an agency or commission of city
government and as such tax exempt; and WHEREAS, the
Keokuk Historic Preservation Commission acquired the property following an
arson fire that substantially destroyed the property. The City may have token tax liability
under section 427.18 which provides: The property which may
be exempt from taxation is acquired after July 1 by a person or the state or
any political subdivision, the exemption shall not be allowed for that fiscal
year and the person or the state or its political subdivision shall pay
property taxes levied against the property for that fiscal year, and payable
in the following fiscal year… WHEREAS,
section 445.63
provides in its material part: When taxes are owing
against a parcel owned or claimed by the state or political subdivision of
this state and the taxes owed before the parcel was acquired by the state or
political subdivision of the state, the county treasurer shall give notice to
the appropriate governing body which shall pay the amount of taxes due. If the governing body fails to immediately
pay the taxes due, the board of supervisors shall abate all of the taxes. WHEREAS, the
Board of Supervisors is advised that the taxes owing are $54 from the 2004/05
fiscal years and $64 from the 2005/06 tax year; and part or all of these
taxes have been erroneously assessed against the tax exempt entity, the City
of Keokuk. NOW THEREFORE, BE IT RESOLVED, that taxes presently owing on parcel number
310 000 044521254810030 be and are hereby abated. The Treasurer should strike them from the county system. Dated
at Keokuk, Iowa, this the 23rd day of May 2006. Lee County Board of Supervisors. /s/ George
Morgan, Chairman, /s/ Larry W. Kruse, Vice-Chair, /s/ Robert J. Woodruff,
Member, /s/ Rick Larkin, Member, /s/ Joseph W. Kowzan, Member. Attest: /s/
Anne Pedersen, Lee County Auditor. Motion carried. Moved
by Kruse, seconded by Morgan to approve the following step increase for the
Sheriff’s Department: Clinton Wray, Deputy, from $14.62/hr. to $16.05/hr.,
effective 4/29/06. Motion carried. Moved
by Kowzan, seconded by Larkin, to approve the following New-hire for the
Auditor’s office: Nikki Sugars, Temporary Election Clerk, $8.93/hr.,
effective 5/18/06. Kowzan-aye, Larkin-aye, Kruse-aye, Woodruff-nay and
Morgan-aye. Motion carried. Supervisor Woodruff went on record to give reason
for his no vote. He is concerned that this new hire may cause future problems
with the bargaining unit negotiations. Received
and filed the following step increases for the Health Department: Traci
Wright, Staff Nurse, from $15.43/hr. to $15.74/hr., effective 4/30/06; Peggy
Moreland, MCH Coordinator, from $16.90/hr. to $17.24/hr., effective 5/12/06;
Tammy Wilson, Finance Operations Director, from $20.15/hr. to $20.56/hr.,
effective 5/10/06 and Kelli Workman, Wellness Coordinator, from $14.50/hr. to
$14.79/hr., effective 5/7/06. New
Business: Lee County Auditor Anne Pedersen inquired whether the Board had
considered her request for a bigger storage room for the new voting machines.
Supervisor Woodruff had made inquiries of the departments that are currently
using the room in question and they are willing to move the items to other
storage facilities. Chairman Morgan informed the Board that they had received
a letter from ISAC asking for financial support for the Washington County
Board of Supervisors to help defray costs in a lawsuit against The Iowa,
Chicago and Eastern Railroad. He also announced that there would be a ribbon
cutting ceremony in Mt Pleasant on June 16, 2006 at 2:00 P.M. in honor of
completion of the Avenue of the Saints. Commission/Committee
Reports: Chairman Morgan attended the Veteran’s Affairs Commission meeting.
He credited Director Paul Carroll for making positive changes. Moved by Kowzan, seconded by Kruse, to
approve the claims for payment. Motion
carried. With no further action, Chairman Morgan
adjourned the meeting at 10:29 A.M. The next meeting of the Board is
Wednesday, May 31, 2006 at 9:00 A.M., at the North Lee County Office Building
in Fort Madison. /s/George Morgan, Chairman Attest: /s/Anne Pedersen, Lee County Auditor |
