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                                                                                                August 7, 2007

 

The Lee County Board of Supervisors met on Tuesday, August 7, 2007 at 9:00 A.M., at the North Lee County Office Building in Fort Madison.

 

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

 

      Moved by Schiller, seconded by Larkin, to approve the July 24, 2007 board minutes.  Motion carried.

 

            At 9:02 A.M., the Chair opened a public hearing concerning the proposed Frazier Langley Subdivision.  There were no written comments or objections received by the Board.  Attorney Richard Fehseke, representing Lynn Frazier, presented the proposed plat to the Board pointing out that the lot sizes and roadway do not comply with the Lee County Subdivision Ordinance.  At 9:10 A.M., it was moved by Morgan, seconded by Larkin, to close the public hearing.  Roll call:  Morgan – aye, Larkin – aye, Schiller – aye, Woodruff – aye and Kruse – aye.  Motion carried.  Moved by Woodruff, seconded by Morgan, to approve Resolution 2007-90 as follows:

 

Resolution #2007-90

 

RESOLUTION OF THE LEE COUNTY BOARD OF SUPERVISORS

APPROVING THE FILING OF A CERTAIN PLAT TO BE KNOWN AS FRAZIER LANGLEY SUBDIVISION WHICH IS A PART OF FRACTIONAL SECTION 12, TOWNSHIP 66 NORTH, RANGE 5 WEST OF THE 5TH PRINCIPAL MERIDIAN, LEE COUNTY, IOWA

 

WHEREAS, The Lee County Board of Supervisors makes the following findings:

 

1.  That Joseph Riter, a registered land surveyor has surveyed certain lands in fractional Section 12, township 66 north, range 5 west of the 5th principal meridian, Lee County, Iowa as shown by the copy of the plat of survey dated April 27, 2007 and signed by the surveyor on May 2, 2007 attached hereto.

 

2.  The Auditor’s Office has reviewed the proposed plats and finds the descriptions contained therein to be sufficiently certain and accurate for assessment and taxation purposes.

 

3.  The parcel meets the requirements of §354.4 in that each parcel is identified by letter or number designation; the names of the proprietor appears on the plat.  There is an accurate description of each parcel.  There is a statement of the total acreage in each parcel.  There is a statement of acreage or any portion lying within a public right-of-way.

 

4.  The Board of Supervisors finds that the subdivision conforms to the Lee County Comprehensive Plan.  The Board has given consideration to the possible burden on the public improvements and balanced the interests of the proprietor, future purchasers and the public interest in the subdivision when reviewing the proposed subdivision and the requirements of the installation of public improvements in conjunction with the approval of the subdivision.

 

5.   There is a statement from the proprietor, that the plat is prepared with her free consent and in accordance with her desire and signed and acknowledged before an officer authorized to take acknowledgements.

 

6.  There is a statement from the mortgage holder or other lien holder that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged

before an officer authorized to take deeds.

 

7.  There is an opinion from an attorney at law who has examined the abstract of title to the land being platted.  The opinion states the name of the proprietors and the holders of mortgages, liens or other encumbrances on the land being platted and notes all encumbrances and bonds securing the encumbrances.

 

8.  There has been filed a certified resolution of each governing body as required by §358.4 either approving the subdivision or waiving the right to review.

 

9.  There has been prepared a certificate from the Treasurer of Lee County that the land is free from certified taxes and certified special assessments.

 

10. The Board further finds that compliance with the requirements of the Lee County Ordinance Title VI, Chapter 7, requiring review and approval by the recorder and the auditor has been shown.

 

11.  The proposed subdivision falls within the two-mile extraterritorial zoning of the City of Montrose and that city has indicated approval of the subdivision.

 

12.  The Lee County Health Department has reviewed the proposed subdivision and has accepted the lot size as having adequate surface space for appropriate on-site sewage systems on each lot. 

 

13.  The Auditor has reviewed the proposed name of the subdivision and found that the name meets the requirements of section 354.6(2).

 

IT NOW THEREFORE appears that these and any other provisions of law affecting the platting of the subdivision have been complied with to the satisfaction of the Lee County Board of Supervisors.

     

      BE IT THEREFORE RESOLVED that the plat, a copy of which is attached, be and is hereby approved and accepted by the Lee County Board of Supervisors and the Board shall certify copies of this resolution as may be required to the official plat in connection with the formal platting of the said Frazier Langley Subdivision which is a part of fractional Section 12, township 66 north, range 5 west of the 5th principal meridian, Lee County, Iowa.

 

 

Passed and approved this the 7th day of August 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.

 

      Upon request of Emergency Management Director Steve Cirinna, it was moved by Morgan, seconded by Schiller, to approve the installation of HAM radio equipment in the clock tower of the South Lee County Courthouse.  Motion carried.

 

      Moved by Schiller, seconded by Woodruff, to approve an Agreement for Inmate Health Services with Health Professionals, LTD, to be responsible for administering, managing, and supervising the health care delivery system of the Lee County Jail in Montrose, IA, effective September 7, 2007 to September 7, 2010.  Motion carried.

 

      Moved by Schiller, seconded by Larkin, to approve a Service Agreement with U.S. Cellular for the Lee County Sheriff’s Department.  Motion carried.

 

      The Board met with Iowa Department of Transportation representative James Phillips and upon the recommendation of County Engineer Dennis Osipowicz, it was moved by Larkin, seconded by Morgan, to approve the transfer of jurisdiction of the following six (6) sections of former US 218 and Iowa 394:

Transfer Section I: That portion of existing Iowa Highway 394 which was bypassed by the relocation project at St. Francisville, Missouri, a total length of approximately 0.30 mile,

Transfer Section II: That portion of existing Iowa Highway 394 which was bypassed by the relocation project at the unincorporated community of Argyle, a total length of approximately 2.00 miles,

Transfer Section III: That portion of Iowa Highway 394 which was bypassed by the relocation project at the City of Donnellson. This piece of roadway lies south of U.S. 218 and is approximately 1.60 miles in length,

Transfer Section IV: That portion of U.S. Highway 218 which was bypassed by the relocation project at the City of Donnellson. This piece of roadway extends from Iowa 394 northerly to the south corporation limits of the City of Donnellson and is approximately 1.40 miles in length,

Transfer Section V: That portion of U.S. Highway 218 which was bypassed by the relocation project at the City of Donnellson. This portion of roadway extends from the north corporation limits of the City of Donnellson northerly to Lee County Secondary Road J56 and is approximately 1.00 mile in length,

Transfer Section VI: That portion of bypassed existing U.S. Highway 218 which lies just north of Iowa 103/Lee County Secondary Road J40 intersection, a total length of approximately 0.30 mile;

totaling 6.6 miles, will be effective at 12:01 am on August 8th, 2007 in accord with the provisions of IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRANSFER OF PUBLIC ROAD JURISDICTION No. 2003-TJ-003.

/s/ James R. Phillips, P.E. District 5 Staff Engineer /s/ Larry W. Kruse, Chairman Lee County Board of Supervisors.

Motion carried.

 

      Upon the recommendation of County Engineer Dennis Osipowicz, it was moved by Larkin, seconded by Schiller, to approve the plans for three (3) box culverts and to set the letting date and deadline for receiving bids for September 13, 2007 at 10:00 A.M., in the Auditor’s office, 933 Avenue H, Fort Madison.  Motion carried.

 

      Moved by Schiller, seconded by Larkin, to approve one Temporary Part-time Records Clerk in the Lee County Treasurer’s office.  Motion carried.

 

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

National Health Center Week

August 5 - 11, 2007

 

WHEREAS:  Health Centers are nonprofit, community-owned and operated health providers serving uninsured and medically underserved people in the State of Iowa; and

 

WHEREAS:  Health Centers work toward expanding access to quality health care for all people and contain health care costs by fostering prevention and integrating the delivery of primary care with aggressive outreach, patient education, translation and other enabling services; and

 

WHEREAS:  Health Centers have made great strides in the Iowa's health care system, specifically by maintaining high standards of accountability, demonstrating cost effectiveness and efficiency in the delivery of care, and empowering communities to address unmet health needs, reduce health disparities, and reduce preventable deaths, costly disabilities, and communicable diseases; and

 

WHEREAS:  There is a continuing need to support implementation of Health Centers throughout the State of Iowa as part of the State of Iowa's enduring commitment to the provision of quality primary health care; and

 

WHEREAS:  Health Centers promote 100% access and zero health disparities to help achieve health care for all people;

 

NOW, THEREFORE, the Lee County Board of Supervisors, do hereby proclaim the Week of August 5 - 11, 2007 as “National Health Center Week” in Lee County, Iowa and urge citizens to recognize the important contributions of Health Centers in safeguarding health and improving the quality of life for all people in the great state of Iowa.

 

BE IT FURTHER RESOLVED, that the State of Iowa does hereby recognize the valued contributions of Health Centers in expanding access to health care and improving the health and future well being of the citizens of the great State of Iowa.

 

Dated this 7th day of August, 2007 by the Lee County Board of Supervisors

 

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.

 

      There were no citizen comments, questions or concerns.

 

      Moved by Morgan, seconded by Schiller, to approve the following Resolution:

 

 

Resolution #2007-91

 

RESOLUTION OF THE LEE COUNTY BOARD OF SUPERVISORS SETTING PUBLIC HEARING ON PROPOSED DISPOSITION OF PROPERTY ACQUIRED UNDER TAX DEED

 

      WHEREAS, Lee County has acquired, or is eligible to acquire certain properties by tax deed; and,

 

      WHEREAS, under the provisions of §331.61 and 569.8, Code of Iowa, the Board of Supervisors is required to publish notice not less than four nor more than twenty days before a public hearing; and following the public hearing, by resolution, approve or reject the proposed disposition of the property; and,

 

      NOW THEREFORE, be it resolved that a public hearing be held on the 21st day of August, 2007 at 9:02 o’clock a.m. at the Board Room, North Lee County Office Building, 933 Avenue H, Fort Madison, Iowa on the issue of whether the Lee County Board Supervisors should adopt the following resolution:

 

NOW THEREFORE BE IT RESOLVED by the Lee County Board of Supervisors that the real estate listed below, be sold to Habitat for Humanity for the sum of two dollars ($2.00).   The Chairman of the Lee County Board of Supervisors is hereby authorized to sign a quit claim deed on behalf of Lee County to Habitat for Humanity.

The description of the property to be sold to Habitat for Humanity is as

follows:

Lot 6, Block 22, Original City of Keokuk, Lee County, Iowa

 

      The Auditor is instructed to publish notice of this public hearing not less than four nor more than twenty days prior to the date of the public hearing.

 

      Following the issuance of deed as provided herein, the Auditor shall certify a copy of this Resolution, the Notice of Public Hearing and the Resolution approving the sale to the Recorder’s Office and shall provide for the recording of the resolutions.

 

      DATED at Fort Madison, Iowa, this 7th day of August, 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 Kruse, seconded by Schiller, to approve an Application for Use of Digital Data as requested by NAVTEQ North America, LLC.  Ayes – Kruse, Schiller, Morgan and Larkin.  Nay – Woodruff.  Motion carried.

 

      Moved by Morgan, seconded by Schiller, to approve the following Resolution for John and Joan Molzhon: 

Resolution #2007-92

 

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 7th day of August 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 Schiller, seconded by Larkin, to approve the following step increase for the Treasurer’s Office: Patricia Muilenburg, Records Clerk, from Class 3 Step 1 $10.75/hr. to Class 3 Step 2 $11.06/hr., effective 8/12/07.  Motion carried.

 

      Moved by Schiller, seconded by Morgan, to approve the following step increase for the Auditor’s Office: Judy Young, Records Clerk, from Class 3 Step 4 $11.72/hr. to Class 3 Step 5 $12.05/hr., effective 7/31/07. Motion carried.

 

      Moved by Schiller, seconded by Morgan, to approve the following temporary new hire for the Auditor’s Office: Stevie Hanks, Elections/Office Clerk, Class 3 Step 1 $9.67/hr., effective 8/8/07. Motion carried.

 

      Moved by Morgan, seconded by Schiller, to approve the following new hire for the Maintenance Department: Rick Carter, Maintenance Director, $43,500.00 annually.  Motion carried.

 

      Received and filed the following for the Health Department: Elizabeth Wilsey, Companion, step increase from $7.48/hr. to $7.63/hr., Home Care Aide, from $9.76/hr. to $9.96/hr., effective 7/20/07; Erin Shirk, Administrative Assistant, Part-time New Hire $10.14/hr., effective 7/16/07 and Michelle Shortt, Administrative Assistant, Part-time New Hire $10.14/hr., effective 7/23/07.

 

      Under New Business, Supervisor Larkin inquired whether the County had a policy on how employees communicate with the Board of Supervisors. He expressed his concern that there have been instances employees have communicated with certain members, but not all five members of the Board.  Employees are encouraged to communicate with all five Board members.

 

      Committee Reports:  Supervisor Schiller is attending a RUSS meeting tomorrow in Fairfield.  Supervisor Morgan attended Veterans’ Affairs Commission and Economic Development meetings.  He reported Economic Development is close to making a job offer for a Director.  Also Supervisor Morgan participated in the Conservation Department’s Youth Camps.  Supervisor Woodruff reported on last week’s GRRWA’s meeting.

    

      With no further business, Chairman Kruse adjourned the meeting at 9:58 A.M.  The next meeting of the Board will be Tuesday, August 14, 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