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                             August 8, 2006

 

      The Lee County Board of Supervisors met on Tuesday, August 8, 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 Kowzan, seconded by Larkin, to approve the Tuesday, August 1, 2006 board minutes. Motion carried.

 

Citizen comments: Brian Stone, Wever, presented a petition on behalf of the residents of 345th Ave., Wever, asking the Board to consider adding 345th Ave. to Secondary Roads’ 5-year plan and paving a one mile section of the road. Chairman Morgan accepted the petition and will discuss it with County Engineer Dennis Osipowicz.

 

Moved by Kowzan, seconded by Kruse, to approve the following resolution:

RESOLUTION #2006-65

 

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 22nd day of August, 2006 at 9:02 o’clock a.m.  at the Board Room, South Lee County Courthouse, 25 North 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) and all of Lots Nine (9) and Ten (10) all in Block Five (5), all that portion of the north street in said Town of Vincennes lying north of the Street between Blocks Five (5) and Six (6) and all that portion of the north Street lying north of Lot 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) and all of Lots Nine (9) and Ten (10) all in Block Five (5), and all that portion of the north street, lying north of the West half (W ½) of the Sixty (60) foot street between Blocks Five (5) and Six (6) all in the 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 north of Lots Six (6) and Seven (7) all in Block Six (6) and all that part of the north street lying north of 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 Keokuk, Iowa, this the 8th day of August, 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.

 

Shawn Case declared that he thought the legal description was still wrong on the resolution. Chairman Morgan will contact Lee County Attorney Mike Short to see what action can be taken. Supervisor Woodruff stated that the Board couldn’t overturn a court decision.

 

      Moved by Woodruff, seconded by Kowzan, to appoint Deanna Barr, Fort Madison, to the Lee County Board of Health for the period August 8, 2006 through January 2, 2009 to fill a vacancy. Motion carried.

 

      Moved by Kruse, seconded by Kowzan, to approve the following resolution:

RESOLUTION #2006-66

 

LEE COUNTY BOARD OF SUPERVISORS

 

RESOLUTION OF THE LEE COUNTY BOARD OF SUPERVISORS APPROVING A HIRING FREEZE - EFFECTIVE AUGUST 8, 2006 THROUGH JULY 3, 2007

 

WHEREAS, there is a definite need to control costs; and

 

WHEREAS, a hiring freeze is one way to attempt to control the cost of providing services.

 

NOW THEREFORE, the Lee County Board of Supervisors approves a hiring freeze for Lee County Iowa government (excluding Commissions and/or Compensated Boards) from August 8, 2006 to July 3, 2007; and

 

NOW THEREFORE, Lee County Board of Supervisors will consider specific requests from Department Heads for exceptions on a case by case basis; and

 

NOW THEREFORE, Lee County Board of Supervisors may add an employee or replace a vacancy by temporarily lifting the hiring freeze by resolution; and

 

NOW THEREFORE, any exceptions must be presented and approved by the Lee County Board of Supervisors before any advertisement, etc. for any new position and/or replacement of a vacancy in any positions.

 

Dated at Fort Madison, Iowa on the 8th day of August 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 Morgan, seconded by Larkin, to approve the following resolution:

 

RESOLUTION #2006-67

 

Resolution of the Lee County Board of Supervisors Approving the Lifting of a Hiring Freeze to Allow the Lee County Sheriff to Hire One (1) Part-time Correctional Officer/Dispatcher for the Purpose 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 August 8, 2006 to July 3, 2007; 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 Sheriff is requesting such an exception to hire one Part-time Correctional Officer/Dispatcher for the purpose of replacing a vacancy; and

 

WHEREAS, the Lee County Board of Supervisors believes that it would be appropriate to approve the Lee County Sheriff’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 Sheriff to hire one Part-time Correctional Officer/Dispatcher to replace a vacancy in this position.

 

Dated at Fort Madison, Iowa on the 8th day of August 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 Larkin, to approve the following resolution:

 

RESOLUTION #2006-68

 

RESOLUTION OF THE LEE COUNTY BOARD OF SUPERVISORS

 

WHEREAS, Peggy Nichols and Mike Blackwell have contacted the Lee County Board of Supervisors regarding abatement of compromised taxes owed upon a certain mobile home; and

 

WHEREAS, Peggy Nichols and Mike Blackwell indicate that they are buying on contract a mobile home from Ted Runge, which is described as a 1982 Pati, tan in color, 980 square feet, title number 56-V063437; and

 

WHEREAS, tax statements show that there is are past due taxes in the amount of $414; and

 

WHEREAS, section 445.16 of the Code of Iowa permits the county board of supervisors by written agreement or resolution to compromise or abate taxes by written agreement when the county is the owner of the tax sale certificate; and

 

WHEREAS, the Board of Supervisors has considered the equities and has determined to enter into the following agreement:

Peggy Nichols and Mike Blackwell hereby jointly agree as follows:

1.  That they will pay all taxes that become due and owing beginning in September of 2006, as they become due.

2.  Towards the $414 arrearage Peggy Nichols and Mike Blackwell will pay the sum of $34.50 per month beginning on September 3, 2006.

3.  That the sums will be made payable to the Lee County Treasurer’s Office, 25 N. 7th St., Keokuk, Iowa.

4.  The failure to make any payment on a timely basis will cause this agreement to be null and void and cause the entire balance to be immediately due and owing and permit the county to take whatever action is legally authorized.

5.  In exchange for the timely payments as above described the County will waive any future penalty and interest occurring after July 31, 2006.

6.  The payments above described for a period of 12 consecutive months following September, 2006, shall constitute full and complete payment of all past due taxes, penalty and interest.

 

Dated and signed this the 8th day of August, 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 Kruse, to approve the following temporary new hires for the Treasurer’s Office, at a rate of pay of 90% of Step 1, to work twenty hours each workweek, not to exceed one-hundred twenty days: Martha F. Milligan and Jeanne Y. Welsh, Class 3 Step 1, $9.11/hr., effective 08/08/06. Motion carried.

 

      There was no New Business.

 

      Committee Reports: Supervisor Kowzan will be attending the Conservation Board meeting, R.U.S.S. meeting and the Geode RC&D meeting this week. Supervisor Larkin will be attending the 8th Judicial Board of Directors meeting.

 

     Moved by Kruse, seconded by Kowzan, to approve the claims for payment.  Motion carried.

 

With no further action, Chairman Morgan adjourned the meeting at 9:33 A.M. The next meeting of the Board is Tuesday, August 15, 2006 at 9:00 A.M., at the South Lee County Courthouse in Keokuk.

 

/s/George Morgan, Chairman

 

Attest: /s/Anne Pedersen, Lee County Auditor