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July
5, 2006 The Lee County Board of Supervisors met on Wednesday, July 5, 2006,
at 9:00 A.M. at the North Lee County Office Building in Fort Madison. Present: Joe Kowzan, Rick Larkin, George Morgan, Larry Kruse, and Bob
Woodruff. All votes are unanimous unless otherwise
indicated. Moved by Larkin, seconded by Kruse, to
amend the June 27, 2006 board minutes to reflect the correct salary rates for
FY2006 for two employees of the Secondary Roads Department: Shaun Fraise
@$14.76 and Susan O’Reilly @ $13.21.
Motion carried. Moved by Kowzan, seconded by Larkin, to
approve the June 27, 2006 board minutes as amended. Motion carried. Central Point of Coordination
Administrator Jim Posz gave the Board an update on the opening of the Mental
Health Drop-In Center in Fort Madison. Moved by Kowzan, seconded by Kruse, to
approve a contract with Jet Bulk Oil, Houghton, for delivery of bulk oil for
the period July 1, 2006 through December 31, 2006. Motion carried. Moved by Kruse, seconded by Kowzan, to
approve a contract with Jet Gas Corporation, Houghton, for delivery of diesel
fuel for the period July 1, 2006 through June 30, 2007. Motion carried. Moved by Kowzan, seconded by Larkin, to
approve a contract with Hunold Oil, Donnellson, for the delivery of gasohol
for the period July 1, 2006 through June 30, 2007. Motion carried. Moved by Kruse, seconded by Larkin, to
approve the appointment of Evan H. Bentley and Wade A. Warner to the Lee
County Sheriff’s Reserve Unit. Motion carried. There were no citizen comments,
questions or concerns. Moved by Kowzan, seconded by Kruse, to
approve the following resolution: RESOLUTION
#2006-55
LEE COUNTY
BOARD of SUPERVISORS
A resolution of the Lee
County Board of Supervisors fixing public hearing on a proposal to vacate
certain streets in the unincorporated town of Vincennes and to deed by quit
claim deed the former streets to adjoining land owners, Shawn E. Case and
Irene Case WHEREAS, Vincennes is an unincorporated town
located in Des Moines Township, Lee County, Iowa; and, WHEREAS, Shawn Case has requested that the Lee
County Board of Supervisors vacate certain street as platted for the Town of
Vincennes; and WHEREAS, the proposed vacated street abuts
property owned by Shawn Case and Irene Case, and the said Shawn Case and
Irene Case would be the only property owners effected by the vacation; and, WHEREAS, the Lee County Engineer’s Office has
recommended the vacation of the these platted streets and provided
appropriate legal descriptions; and WHEREAS, pursuant to Section 354.23, Code of
Iowa, a county may vacate part of an official plat that had been conveyed to
the county or dedicated to the public which is deemed by the Board of
Supervisors to be of no benefit to the public; and, WHEREAS, Section 354.23 further provides
that the county shall vacate by resolution following a public hearing and the
vacating instrument shall be recorded; and the county may convey the vacated
property by deed or may convey the property to adjoining proprietors through
the vacation instrument; and, WHEREAS, the Lee County Engineer has
submitted proposed legal descriptions for quit claim deeds to Shawn Case and
Irene Case. NOW THEREFORE, BE IT RESOLVED
that a public hearing be held on the 18th day of July,
2006 at 9:02 o’clock a.m.
at the Board Room Lee County Courthouse, 25 N. 7th Street,
Keokuk, Iowa on the following resolution: BE IT RESOLVED that
the Lee County Board of Supervisors hereby determines that the following
described platted street is of no benefit to the public and should therefore
be vacated: All that part of the north street in the
unincorporated Town of Vincennes, Iowa, in the Southeast Quarter (S.E. ¼) of
Section Twenty (20) Township Sixty-six (66) North Range Six (6) West of the 5th
Principle Meridian, Lee County, Iowa, lying east of 175th Avenue
as it now exists and north of a portion of Lot Eight (8), all of Lots Nine
(9) and Ten (10) all in Block Five (5), the street between Blocks Five (5)
and Six (6) and north Lots Six (6) and Seven (7) in Block Six (6) all in said
Town of Vincennes, being 0.43 acres, more or less. BE IT
FURTHER RESOLVED
that the Lee County Board of Supervisors deed by quit claim deed the following
described property to Shawn E. Case: All that part of the north street in the
unincorporated Town of Vincennes, Iowa, in the Southeast Quarter (S.E. ¼) of
Section Twenty (20) Township Sixty-six (66) North Range Six (6) West of the 5th
Principle Meridian, Lee County, Iowa, lying east of 175th Avenue
as it now exists and north of a portion of Lot Eight (8), all of Lots Nine
(9) and Ten (10) all in Block Five (5), the street between Blocks Five (5)
and Six (6) and the West half (W ½) of the Sixty (60) foot street between
Blocks Five (5) and Six (6), all in said Town of Vincennes, being 0.22 acres,
more or less. BE IT
FURTHER RESOLVED
that the Lee County Board of Supervisors deed by quit claim deed the
following described property to Irene Case: All that part of the north street in the
unincorporated Town of Vincennes, Iowa, in the Southeast Quarter (S.E. ¼) of
Section Twenty (20) Township Sixty-six (66) North Range Six (6) West of the 5th
Principle Meridian, Lee County, Iowa, lying east of 175th Avenue
as it now exists and north of a Lot Six (6), and Seven (7), Block Six (6) and
the East half (E ½) of the Sixty (60) foot street between Blocks Five (5) and
Six (6), all in said Town of Vincennes, being 0.21 acres, more or less. The Chairman of the Lee County Board of
Supervisors shall be authorized to sign both quit claim deeds on behalf of
Lee County. No monetary consideration will be required. Upon approval, the
Notice of Public Hearing, the Affidavits of proof of publication and the final
resolution shall be submitted to the South Lee County Recorder for recording.
Dated at Fort Madison, Iowa, this the 5th
day of July, 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 Kowzan, to
approve the following resolution: RESOLUTION
#2006-56
RESOLUTION
SETTING A PUBLIC HEARING CONCERNING BECKERT’S SUBDIVISION WHEREAS, The Lee County Board of Supervisors have
been asked by the property owners to approve the platting of a certain
subdivision in Lee County, Iowa; and WHEREAS, The Lee County Board of Supervisors is required
to hold a public hearing prior to approval of the plat and the waiver of
initial platting; NOW THEREFORE BE IT RESOLVED that the following public notice be given
and hearing be held in conformance with this notice: NOTICE IS HEREBY provided that a public hearing will be held
on Tuesday the 18th day of July, 2006, at 9:07
o’clock a.m. in the Board Room of the South Lee County Courthouse,
25 North 7th Street, Keokuk, Iowa. That public hearing will concern whether the Lee County Board
of Supervisors waive the requirement for a Preliminary Plat and approve the
Beckert’s Subdivision Final Plat. NOW THEREFORE, be it resolved by the Lee County Board of
Supervisors to approve the Final Plat of the Beckert’s Subdivision to the N½
of the NE ¼ of Sec. 25-T68N-R4W Lee County, Iowa; more particular perimeter
description as follows: Being the Northwest and
Northeast Quarter of the Northeast Quarter of Section 25, Township 68 North,
Range 4 West of the 5th P.M., Lee County, Iowa, and being more
particularly described as follows: Beginning at an existing stone marking the
Northeast Corner of the Northeast Quarter of said Section 25; thence South
00° 19’ 35” East (assumed bearing for this description) 1337.22 feet; thence
North 89° 52’ 29” West 2643.82 feet to an existing iron bar; thence North 00°
20’ 55” East 1331.44 feet to the North Quarter Corner; thence East 2643.32
feet to the point of beginning, containing 80.98 acres, more or less,
together with ingress/egress rights over an existing right of way across the
North ½ of the NW¼ of said Section 25 westerly to U.S. Route #61, and being
subject to easements of record. The
Lee County Auditor is instructed to publish notice of public hearing not less
than four nor more than twenty days prior to the date of the public hearing. Passed and
approved this the 5th day of July, 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 Larkin, to
approve joining the Highway 61 Coalition. Motion carried. Moved by Larkin, seconded by Kruse, to
approve the following resolution: RESOLUTION
#2006-57
Resolution for Appropriations FY2007 Whereas, it is
desired to make a separate appropriation for each of the different officers
and departments for the Fiscal Year beginning July 1, 2006 in accordance with
Section 331.434, Subsection 6, Code of Iowa. The board shall appropriate, by resolution, the amounts deemed
necessary for each of the different county officers and departments during
the ensuing fiscal year. Increases or decreases in these appropriations do
not require a budget amendment, but may be provided by resolution at a
regular meeting of the board, as long as each class of proposed expenditures
contained in the budget summary published under subsection 3 of this section
is not increased. However, decreases in appropriations for a county officer or
department of more than ten percent or five thousand dollars, whichever is
greater, shall not be effective unless the board sets a time and place for a
public hearing on the proposed decrease and publishes notice of the hearing
not less than ten nor more than twenty days prior to the hearing in the
county newspapers selected under chapter 349. Now, Therefore, be it Resolved, by the Board of Supervisors of Lee County, Iowa,
as follows: Section 1.
The amounts by department or office on the attached schedule are
hereby appropriated to the department or office listed in the first column on
the attached schedule for a period beginning July 1, 2006 through June 30,
2007. Section 2.
Subject to the provisions of other county procedures and regulations,
and applicable state law, the appropriations authorized under Section 1 shall
constitute authorization for the department or officer listed to make
expenditures or incur obligations effective July 1, 2006. Section 3. No
department or officer shall expend or contract to expend any money or incur
any liability, or enter into any contract, which by its terms involves the
expenditure of money for any purpose in excess of the amounts appropriated
pursuant to this resolution in with Section 331.437, Code of Iowa: It is unlawful for a county official, the
expenditures of whose office come under this part, to authorize the
expenditure of a sum for the official's department larger than the amount
which has been appropriated for that department by the board. A county official in charge of a department or
office who violates this law is guilty of a simple misdemeanor. The penalty
in this section is in addition to the liability imposed in section 331.476. Section 4. If
at any time during the Budget Year 2006-2007, the Auditor shall ascertain
that the available resources of a fund for that year will be less than said
fund’s total appropriation, he/she shall immediately so inform the board and
recommend appropriate corrective action. Section 5.
The Auditor shall establish separate accounts for the appropriations
authorized in Section 1, each of which account shall indicate the amount of
the appropriation, the amounts charged thereto, and the unencumbered
balance. The Auditor shall report the
status of such accounts to the applicable departments and officers monthly
during the Budget Year 2006-2007. Section 6.
All appropriations authorized pursuant to this resolution lapse at the
close of business June 30, 2007.
Dated at Fort Madison, Iowa on the 5th day of July 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 Woodruff, seconded by Kruse, to
approve the promotion of D.J. Boeding, with the word promotion being changed
to appointment, to Supervising Engineering Tech. at a rate of $17.25/hr.,
effective 7/1/06. Motion carried. Received and filed the following for the
Health Department: Jackie Davis, Companion, from $8.15/hr. to $8.32/hr., Home
Care Aide, from $10.62/hr. to $10.83/hr., effective 6/19/06 and Olive Miller,
Home Care Aide, from $10.01/hr. to $10.21/hr., effective 6/8/06. New Business: Chairman Morgan noted that
the Board had received a letter from the Iowa Drainage Association asking the
Board to join their membership. Morgan also informed the Board that the
County would need to have an Emergency Preparedness plan. The Board will
prepare a resolution for the next meeting. Commission/Committee Reports: Supervisor
Kruse will be attending a Jail Committee meeting on Monday, July 10, 2006 at
10:00 A.M. at the Sheriff’s office. Supervisor Woodruff observed that the
Board does not have an alternate to the Great River Regional Waste Authority
Commission. He asked for a supervisor to fill this position. Supervisor Kruse
volunteered. Received and filed the Minutes of
Meeting of May 22, 2006 and the June Keokuk and Fort Madison Monthly Report
of the Commission of Veteran’s Affairs. Received and filed the North Lee County
Auditor’s Report of Fees Collected for the quarter ending June 30, 2006. Moved by Kowzan, seconded by Larkin, to
approve the claims for payment. Motion
carried. With no further
action, Chairman Morgan adjourned the meeting at 9:41 A.M. The next meeting
of the Board is Tuesday, July 11, 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 |
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