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June 5, 2007

The Lee County Board of Supervisors met on Tuesday, June 5, 2007 at 9:00 A.M., at the North Lee County Office Building in Fort Madison.

Present: Ernie Schiller, Rick Larkin, Larry Kruse, George Morgan and Bob Woodruff

All votes are unanimous unless otherwise indicated.

Moved by Larkin, seconded by Schiller, to approve the Tuesday, May 22, 2007 board minutes. Motion carried.

Moved by Woodruff, seconded by Morgan, to authorize the Chair to sign a contract for inpatient psychiatric care with St. Luke’s Hospital, Cedar Rapids, for the period July 1, 2007 through June 30, 2008. Motion carried.

Fort Madison Housing Authority Director Patti Toops shared the following report with the Board; “Tenants in occupancy per month for fiscal year 06/07”. Moved by Larkin, seconded by Schiller, to approve a contract with Fort Madison Housing Authority for Management/Maintenance of MHDD County Housing for the period July 1, 2007 through June 30, 2008. Motion carried.

Moved by Larkin, seconded by Morgan, to approve a Community Mental Health Center Waiver Request for fiscal year 07/08. Motion carried.

Moved by Morgan, seconded by Woodruff, to approve the following resolution:

RESOLUTION #2007-66

Whereas, Iowa Code section 52.7, subsection 1, paragraph "1", as amended by 2007 Iowa Acts, Senate File 369, requires voting systems to provide a paper record for review by the voter, and

Whereas, 2007 Iowa Acts House File 911, section 1, subsection 13, requires the county board of supervisors to submit to the office of secretary of state a resolution adopted by the board declaring the method by which the county intends to comply with section 52.7, subsection 1, paragraph "1", 2007 Iowa Acts, Senate File 369, by June 15, 2007,

Therefore We, the Board of Supervisors of Lee County hereby resolve that we intend to comply with section 52.7, subsection 1, paragraph "1", 2007 Iowa Acts, Senate File 369 as follows: [select one]

q  Option A.  _________ County uses only direct recording electronic voting machines (DRE) and intends to add paper record printer attachments that are compatible with the county’s current DRE voting machines. Full re-imbursement funds are available from the state for this option.

q  Option B.  _________ County uses only direct recording electronic voting machines (DRE) and intends to acquire an optical scan voting system with ballot marking devices for accessibility.  Only partial re-imbursement funds are available from the state for this option.

q  Option C. __Lee_ County’s primary voting system is an optical scan system with direct recording electronic voting machines (DRE) for accessibility and the county intends to add paper record printer attachments that are compatible with the county’s current DRE voting machines. Full re-imbursement funds are available from the state for this option.

q  Option D.  _________ County’s primary voting system is an optical scan system with direct recording electronic voting machines (DRE) for accessibility and the county intends to acquire ballot-marking devices to replace the DREs. Only partial re-imbursement funds are available from the state for this option.

Done at Fort Madison, the county seat of Lee County, on this 5^th day of June, 2007.

Lee County Board of Supervisors. /s/ Larry W. Kruse, Chairman, /s/ Robert J. Woodruff, Vice Chairman, /s/ Rick Larkin, Member, /s/ George Morgan, Member, /s/ Ernest Schiller, Member. Attest: /s/Anne Pedersen, Lee County Auditor. Motion carried.

Moved by Larkin, seconded by Morgan, to approve the following resolution:

RESOLUTION #2007-67

RESOLUTION OF THE LEE COUNTY BOARD OF SUPERVISORS SETTING PUBLIC HEARING ON A PROPOSED DISPOSITION OF PROPERTY

WHEREAS, the Lee County Conservation Board has acquired certain real estate from the Iowa Natural Heritage Foundation; and,

WHEREAS, the Lee County Conservation Board has determined that it is no longer necessary for conservation purposes; and

WHEREAS, Lee County Conservation Board has recommended the sale of the real estate to Michael D. Behne of 2258 265th Avenue, Fort Madison, Iowa in consideration of the sum of fifty eight thousand dollars ($58,000); and

WHEREAS, the provisions of section 331.361 require that the Board of Supervisors publish notice not less than four (4) nor more than twenty (20) days before public hearing, and following that public hearing, by resolution, approve or reject the proposed disposition of property; and,

WHEREAS, the Board believes that the offer is fair and reasonable and should be seriously considered for approval.

NOW THEREFORE, BE IT RESOLVED that the Board of Supervisors schedule a public hearing for the 12^th day of June 2007 at 9:02 o’clock a.m. at the Boardroom Lee County Office Building, 933 Avenue H, Fort Madison, Iowa on whether the Board should adopt the following resolution:

BE IT RESOLVED that the Lee County Board of Supervisors in consideration of the sum of fifty eighty thousand dollars ($58,000) in hand paid hereby deed the following property to Michael D. Behne:

Being a part of the Southwest Quarter of Section 27, Township 67 North, Range 5 West of the 5th P.M., Lee County, Iowa, and being more particularly described as follows: Commencing as a point of reference, at the Southwest Corner of the Southwest Quarter of said Section 27; thence South 88°53’45”East (assumed bearing for this description) 1,323.5 feet along the South line of said Southwest Quarter; thence North 01°20’27” East 654.20 feet along the East line of the Southwest Quarter of the Southwest Quarter to the point of beginning of the following described tract of land; thence North 88°41’15”West 139.80 feet; thence North 08°23’30” East 159.96 feet to an existing iron bar; thence South 88°41’15” East 120.16 feet to an existing iron bar on the East line of the Southwest Quarter of the Southwest Quarter; thence South 88°53’45” East 144.35 feet; thence South 01°20’27” West 158.74 feet; thence North 88°53’45” West 144.35 feet to the point of beginning, containing 1.00 acres, more or less, being subject to a 25 foot perpetual right of way easement, as now located, for ingress and egress, and being subject to easements of records.

The Chairman of the Lee County Board of Supervisors shall be authorized to sign a warranty deed on behalf of Lee County.

The Auditor is instructed to publish notice of a public hearing not less than four (4) nor more than twenty (20) days prior to the date and time fixed for hearing. Following the issuance of the deed as provided herein the Auditor shall certify a copy of this Resolution, the Notice of Public Hearing, the Proof of Publication and the Resolution Approving the Sale to the Recorder’s Office and shall provide for the recording of the same.

Dated and signed at Fort Madison, Iowa on this the 5^th day of June 2007.

There were no Citizen Comments.

Moved by Schiller, seconded by Larkin, to approve the following resolution:

RESOLUTION #2007-68

WHEREAS, the Boards of Supervisors of Davis, Des Moines, Henry, Jefferson, Keokuk, Lee, Louisa, Mahaska, Van Buren, Wapello, and Washington Counties (collectively hereinafter the “Members”) in the State of Iowa have authorized and executed a certain Regional Utility Services Systems Intergovernmental Agreement (the “28E Agreement”) pursuant to Chapter 28E of the Code of Iowa; and

WHEREAS, the terms of the 28E Agreement provide for the creation of the Regional Utility Service Systems Commission (the “RUSS”) for the purposes of planning, designing, developing, financing, constructing, owning, operating and maintaining wastewater treatment systems and water systems for and on behalf of the Members and the cities and unincorporated areas within the boundaries of the Members; and

WHEREAS, RUSS has authority pursuant to the 28E Agreement and Chapter 28F of the Code of Iowa to issue revenue bonds and interim financing notes to pay the costs of projects undertaken, but prior to the issuance of such bonds or notes each of the Members must adopt a resolution authorizing their issuance; and

WHEREAS, RUSS has undertaken the design and construction of certain sanitary sewer projects described in Exhibit A attached hereto (the “Projects”) in and near the cities or counties listed in Exhibit A (the individual cities and counties listed in Exhibit A are hereinafter referred to as the “Benefited Governmental Entities”) and has proposed the issuance of sewer revenue bonds (the “Bonds”) and corresponding sewer revenue bond anticipation notes (the “Project Notes”) to pay the costs of the Projects; and

WHEREAS, it is now necessary for the Board of Supervisors of Lee County to approve and authorize the issuance of the Bonds and the Project Notes;

NOW, THEREFORE, It Is Hereby Resolved by the Board of Supervisors of Lee County (the “County”), as follows:

Section 1. The County hereby approves and authorizes RUSS to issue the Bonds for each of the Projects in amounts not exceeding the amounts shown on Exhibit A and to issue the Project Notes in a like amount anticipating the issuance of such Bonds in order to finance the corresponding Project.

Section 2. The issuance of the Bonds and the Project Notes will benefit the Members and the Benefited Governmental Entity for each Project. The Benefited Governmental Entity listed for each Project on Exhibit A is the primary beneficiary of the issuance of such Bonds and Project Notes, and the total principal amount of such Bonds and Project Notes shall be allocated to such Benefited Governmental Entity for purposes of Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986 (the “Code”).

Section 3. For those Projects for which the County is the Benefited Governmental Entity, the County hereby designates and authorizes RUSS to designate, on the County’s behalf, the Bonds and Project Notes issued to pay the costs of such Project as “qualified tax exempt obligations” pursuant to § 265(b)(3)(B) of the Code.

Section 4. The County agrees that it will not issue additional tax exempt obligations during the calendar year in which the Bonds and Project Notes for which it is the Benefited Governmental Entity are issued which, when added to the County’s other tax exempt obligations issued during the same calendar year, would be in excess of $10,000,000.

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

Passed and approved June 5, 2007.

Moved by Schiller, seconded by Morgan, to approve the following resolution for Rodger L. and Elizabeth M. Newberry, contingent upon the Lee County Assessor’s approval:

RESOLUTION #2007-69

A RESOLUTION FINDING THAT LEE COUNTY MEETS THE URBAN REVITALIZATION AREA DESIGNATION CRITERIA OF SECTION 404.1, CODE OF IOWA, AND THAT THE DEVELOPMENT AND/OR REDEVELOPMENT, OR A COMBINATION THEREOF IS NECESSARY IN THE INTERESTS OF THE PUBLIC HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE COUNTY.

WHEREAS, in accordance with the provisions of chapter 404 of the Code of Iowa, the Board of Supervisors may, by ordinance, designate an area of the County as a Revitalization Area for the purpose of granting property tax exemptions for improvements to properties; and,

WHEREAS, the process of designating an area as a Revitalization Area requires that the County Supervisors follow certain statutory procedures, including the adoption of a resolution finding that the development and/or redevelopment, or a combination thereof of the area is necessary in the interest of the public health, safety, or welfare of the residents of the County and the area meets the criteria of Section 404.1; and,

WHEREAS, Lee county, Iowa, has been determined to meet the conditions of Section 404.1 due to lack of investment and the opportunity to influence its growth by stimulating investment from the private sector.

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Lee County, Iowa, that:

1. The facts stated above in the preamble are a true and correct statement of the conditions in Lee County and of the necessity of its designation as a Revitalization Area.

2. The entire unincorporated areas of Lee County is an eligible Revitalization Area under the criteria of Section 404.1, Code of Iowa.

3. The development and/or redevelopment, or combination thereof of the area legally described as the entire area within the unincorporated boundaries of Lee County, Iowa is necessary in the interests of public health, safety, and welfare of the residents of Lee County, Iowa.

4. There has been prepared a Revitalization Plan for Lee County and an ordinance designating the area within the unincorporated boundaries of Lee County, Iowa as a Revitalization Area for consideration by the Board of Supervisors.

PASSED AND APPROVED this 5th day of June 2007.

Moved by Woodruff, seconded by Schiller, to approve the following resolution for Robert Lee Borders, contingent upon the Lee County Assessor’s approval:

RESOLUTION #2007-70

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Lee County, Iowa, that:

1. The facts stated above in the preamble are a true and correct statement of the conditions in Lee County and of the necessity of its designation as a Revitalization Area.

2. The entire unincorporated areas of Lee County is an eligible Revitalization Area under the criteria of Section 404.1, Code of Iowa.

PASSED AND APPROVED this 5th day of June 2007.

Moved by Larkin, seconded by Schiller, to approve the following resolution for Matthew and Christina Campbell, contingent upon the Lee County Assessor’s approval:

RESOLUTION #2007-71

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Lee County, Iowa, that:

1. The facts stated above in the preamble are a true and correct statement of the conditions in Lee County and of the necessity of its designation as a Revitalization Area.

2. The entire unincorporated areas of Lee County is an eligible Revitalization Area under the criteria of Section 404.1, Code of Iowa.

PASSED AND APPROVED this 5th day of June 2007.

Moved by Schiller, seconded by Larkin, to approve the following resolution for Harry C. and Sandra L.J. Mabeus, contingent upon the Lee County Assessor’s approval:

RESOLUTION #2007-72

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Lee County, Iowa, that:

1. The facts stated above in the preamble are a true and correct statement of the conditions in Lee County and of the necessity of its designation as a Revitalization Area.

2. The entire unincorporated areas of Lee County is an eligible Revitalization Area under the criteria of Section 404.1, Code of Iowa.

PASSED AND APPROVED this 5th day of June 2007.

Moved by Schiller, seconded by Larkin, to approve the following resolution for Richard L. and Cynthia S. Runge, contingent upon the Lee County Assessor’s approval:

RESOLUTION #2007-73

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Lee County, Iowa, that:

1. The facts stated above in the preamble are a true and correct statement of the conditions in Lee County and of the necessity of its designation as a Revitalization Area.

2. The entire unincorporated areas of Lee County is an eligible Revitalization Area under the criteria of Section 404.1, Code of Iowa.

PASSED AND APPROVED this 5th day of June 2007.

Moved by Schiller, seconded by Larkin, to approve a Renewal Group Binder Agreement and Confirmation of MSP Addendum with Wellmark Blue Cross Blue Shield of Iowa for fiscal year 2008. Motion carried.

Moved by Kruse, seconded by Schiller, to table an approval of group insurance and voluntary group insurance with Fort Dearborn Life Insurance Company administered by Wellmark Blue Cross Blue Shield of Iowa. Motion carried.

Moved by Woodruff, seconded by Morgan, to make flexible benefits available to County employees through Wellmark Blue Cross Blue Shield of Iowa, contingent upon a minimum of ten percent (10%) employee participation. Motion carried.

Moved by Morgan, seconded by Larkin, to approve a Contract for Assignment of Rights of Lee County to Employers Mutual Casualty Company to pursue claims for damages. Motion carried.

Moved by Schiller, seconded by Morgan, to approve an agreement with Jeffery Houston, tenant, to waive rent as full and complete satisfaction of any damages that may or will occur as a result of or occurring as a proximate cause of the real estate agreement between Lee County, Wolfe Packaging and the State of Iowa, Iowa Department of Corrections. Motion carried.

Moved by Morgan, seconded by Kruse, to appoint John J. Schier to a 3-year term on the Lee County Veterans Affairs Commission, beginning July 1, 2007 and ending June 30, 2010. Motion carried.

New Business: Chairman Kruse announced that the Jail Task Force and the Citizens Committee would make a presentation at a special Board meeting on June 12, 2007 at 6:00 P.M. in the Boardroom of the North Lee County Office Building. Kruse also announced that the new union contracts are nearing completion. The Board needs to appoint a representative to handle grievance issues.

Committee Reports: Supervisor Schiller will be attending a RUSS meeting on Wednesday, June 6, 2007. Supervisor Morgan attended a Lee County Economic Development meeting on Monday, June 4, 2007.

Moved by Morgan, seconded by Schiller, to approve claims for payment. Motion carried.

Received and filed the North and South Lee County Treasurer’s Report of Fees Collected for the month of April 2007.

Received and filed a Tax Suspension Notice for property at 2714 Avenue O, Fort Madison.

With no further business, Chairman Kruse adjourned the meeting at 10:12 A.M. The next meeting of the Board will be Tuesday, June 12, 2007 at 9:00 A.M. at the North Lee County Office Building in Fort Madison.

/s/Larry W. Kruse, Chairman

Attest: /s/Anne Pedersen, Lee County Auditor