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November
14, 2006 The Lee County Board of Supervisors met on Tuesday, November 14,
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
unanimous unless otherwise indicated. Moved
by Kowzan, seconded by Larkin, to approve the Tuesday, October 31, 2006 and
the Monday, November 13, 2006 board minutes.
Motion carried. At
9:02 A.M., Chairman Morgan opened a public hearing on the proposed
establishment of a portion of Lee-Henry Street as an Area Service A Road.
There were no written or oral comments or objections received by the Board.
At 9:04 A.M., it was moved by Larkin, seconded by Kowzan, to close the public
hearing. Roll call: Larkin-aye, Kowzan-aye, Kruse-aye, Woodruff-aye and
Morgan-aye. Motion carried. Moved by Kruse, seconded by Larkin, to approve
the following resolution: RESOLUTION
#2006-82
WHEREAS,
the Lee County
Board of Supervisors is empowered under the authority of Section 309.57 of
the Code of Iowa to classify Secondary Roads on the area service system to
provide for a reduced level of maintenance on some of these roads, and WHEREAS, the Board of Supervisors, after
consulting with the County Engineer, has classified the area service system
into three (3) classifications, termed Area Service A, Area Service B and
Area Service C, and WHEREAS, the Board of Supervisors, after
due process, designated certain road segments to be classified Area Service C
which are to receive a lower level of maintenance, and WHEREAS, the Board of Supervisors, after
receiving additional information concerning the use of a certain Area Service
C road and after consulting with the County Engineer, has determined that a
higher level of maintenance is required, NOW,
THEREFORE BE IT RESOLVED by
the Lee County Board of Supervisors,
that the following road segment shall be classified as Area Service A
and receive a level of maintenance in conformance with applicable
statutes: A
portion of Lee Henry Street being more particularly described as commencing
at a point 0.10 miles west of the Northeast Corner of the Northwest Quarter
of Section 5, T69N, R5W of the 5th P.M., Pleasant Ridge Township,
Lee County, Iowa, thence Westerly 0.26 miles. Passed and approved this 14th day of November,
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. At 9:08 A.M., Chairman Morgan opened a public hearing on the transfer
of public land. There were no written or oral comments or objections received
by the Board. At 9:10 A.M., it was moved by Kruse, seconded by Larkin, to
close the public hearing. Roll call: Kruse-aye, Larkin-aye, Kowzan-aye,
Woodruff-aye and Morgan-aye. Motion carried. Moved by Larkin, seconded by
Kruse, to approve the following resolution: RESOLUTION #2006-83 WHEREAS, Lee County has a tax lien on certain
property described as follows: Lots 3 and 4, Block 12 in FV
addition to the City of Fort Madison, Lee County, Iowa WHEREAS,
the property was
sold at tax sale on June 16, 2003 to Lee County for the sum of $89 being the
delinquent taxes then due and owing; and WHEREAS,
Lee County has
been unable to dispose of the property and the property continues to accrue
taxes, penalty and interest; and WHEREAS,
Salvador Gonzales
of 4243 120th Avenue, Burlington, Iowa has offered the sum of $400 in payment
of the property; and WHEREAS,
a public hearing
was held on the 14th day of November, 2006, at 9:08
o’clock a.m. and appropriate notice of that public hearing was duly
published as required by law and this Board being fully advised of the
relevant facts and circumstances; and NOW THEREFORE, be it resolved by the Lee
County Board of Supervisors that the following described real estate be sold
to Salvador Gonzales by quit claim deed which will be issued immediately
following the Treasurer’s Deed in consideration of the sum of four hundred
dollars ($400) in hand paid. Dated at Fort Madison, Iowa,
this the 14th day of November 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. The Board held a discussion with County Engineer Dennis Osipowicz
concerning a request from landowners along a portion of 370th
Avenue in Green Bay Township, that a portion of the road be changed to a
Class C road. Moved by
Larkin, seconded by Kowzan, to approve the following resolution: RESOLUTION #2006-84 Resolution of the Lee County Board of Supervisors Approving
the Lifting of a Hiring Freeze to Allow the Lee County Auditor to Hire One
(1) Full-time Clerk for the Purpose of Replacing a Retiring Employee 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 Auditor is requesting such an exception to hire one Full-time
Clerk for the purpose of replacing a retiring employee; and WHEREAS,
the Lee County Board of Supervisors believes that it would be appropriate to
approve the Lee County Auditor’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 Auditor to hire one Full-time Clerk to replace a retiring employee in
this position. Dated at Fort
Madison, Iowa on the 14th day of November 2006. Larkin-aye, Kowzan-aye,
Kruse-aye, Woodruff-nay and Morgan-aye. Lee County Board of
Supervisors. /s/ George Morgan, Chairman, /s/ Larry W. Kruse, Vice-Chair, /s/
Rick Larkin, Member, /s/ Joseph W. Kowzan, Member. Attest: /s/ Anne Pedersen,
Lee County Auditor. Motion carried. There were no Citizen Comments. The Board held a discussion on the approval of a joint agreement with
the City of Fort Madison for the Amended Cyprus Climax Urban Renewal Area.
Acting Fort Madison City Manager Larry Dinwiddie was present to answer
questions from the Board. It was moved by Woodruff, seconded by Morgan, to
table this matter until they are able to speak with Ed Basch of Southeast
Iowa Regional Planning. Motion carried. Moved by Kruse, seconded by Larkin, to approve the following
resolution: RESOLUTION #2006-85 BE
IT RESOLVED BY THE LEE COUNTY BOARD OF SUPERVISORS, THAT
the members of
the Board will pay for their own flu shots, and FURTHER
THAT Board of
Supervisors employees will receive flu shots at no cost to the employee with
the cost being charged to the Supervisors existing budget and no additional
funds being appropriated, and FURTHER
THAT flu shots shall
be provided to all employees in departments under the control of the Board
with the cost being spread to each departments existing budget with no
additional funds being appropriated, and FURTHER
THAT the Board of
Supervisors urges our two independent governing boards to have their
employees receive flu shots at no cost with costs being charged to each
existing budget much the same as was done with the employees share of health
insurance premium, and FURTHER
THAT the Board of
Supervisors urges our autonomous department heads to have their employees
receive flu shots at no cost with the cost being charged to the existing
budget and no additional funds appropriated retroactive to Thursday, November
9, 2006. Dated this the 14th
day of November, 2006. Kruse-aye, Larkin-aye,
Woodruff-aye, Kowzan-nay and Morgan-aye. Lee County Board of
Supervisors. /s/ George Morgan, Chairman, /s/ Larry W. Kruse, Vice-Chair, /s/
Robert J. Woodruff, Member, /s/ Rick Larkin, Member. Attest: /s/ Anne
Pedersen, Lee County Auditor. Motion carried. Moved by Kruse, seconded by Morgan, to approve a digital data
application with Southeast Iowa Regional Planning, dated October 30, 2006.
Motion carried. Moved by Kowzan, seconded by Kruse, to approve the following
resolution: RESOLUTION #2006-86 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
14th day of November, 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 the following
resolution: RESOLUTION #2006-87 A RESOLUTION APPROVING PROCEDURES
CONCERNING PUBLIC HEARING NOTICES ON ADOPTION OF A PROPOSED REVITALIZATION
PLAN FOR THE COUNTY-WIDE REVITALIZATION AREA. WHEREAS, the Board of Supervisors has set a public
hearing date of December 5, 2006 at 9:02 a.m. in the
Board Room at the North Lee County Office Building, 933 Avenue H, Fort
Madison, Iowa, on the proposed County-wide Revitalization Plan, and, WHEREAS, Section 404.2(3) of the Code of Iowa
requires that the County give proper notice of the scheduled hearing (not
less than four days and not more than twenty days prior to the hearing) which
notice is required as follows: The County has scheduled a public hearing and
notified all owners of record of real property located within the proposed
area and the section and the tenants living within the proposed area in
accordance with Section 331.305. In addition to notice of publication,
notification shall also be given by ordinary mail to the last known address
of the owners of record. The County shall also send notice by ordinary mail addressed
to the occupants of
County addresses located within the proposed area, unless the Board of
Supervisors, by reason of lack of a reasonably current and complete address
list, or for other good cause, shall have waived the notice. Not withstanding
Section 331.305 the notice shall be given by the thirtieth day prior to the
public hearing. WHEREAS, a current list does not exist of tenants
within the proposed Revitalization Area, an official notice will be published
in the newspapers of general circulation (Daily Democrat, Daily Gate City and
West Point Bee Newspapers) prior to December 5, 2006 as required by
law. PASSED AND APPROVED THIS 14th
day of November, 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 Kowzan, to approve the following resolution: RESOLUTION #2006-88 RESOLUTION OF THE LEE COUNTY BOARD OF
SUPERVISORS MODIFYING A CERTAIN QUIT CLAIM DEED AND CORRECTING RECORD HISTORY The Lee County Board of Supervisors
originally passed resolution 2006-65 on August 18, 2006 following public
hearing and notice. The Resolution
vacated certain streets in the unincorporated town of Vincennes and
transferred the property to individuals believed to be adjoining property
owners. Thereafter the Lee County Engineer’s Office reviewed the legal descriptions
and found the descriptions in error by adding streets not intended to be
vacated. A corrective deed was
issued. Thereafter the Auditor’s
Office reviewed the deed and found that the Board had erroneously deeded one
of the properties to Irene Case.
Irene Case was thought to be an adjoining land owner. Irene Case had
in fact by warranty deed deeded her property to William Warren Case and
Kathleen Mae Case. A corrective deed was made and the Board issued resolution
2006-74 to make that correction. Unfortunately
in making that correction the legal description from the first deed was
employed so it is necessary to do an additional correction. The Board is
first directed that the second amended quit claim deed be reviewed by the
engineer’s office and the auditor’s office to make sure that all facts and
circumstances are correct. Following their review the Board adopts the
following resolution: BE IT RESOLVED by the Lee County Board of Supervisors
that the chairman of the Lee County Board of Supervisors be authorized to
sign the Second Amended Quit Claim Deed on behalf of the Lee County Board of
Supervisors correcting the legal description and deeding the property to
William Warren Case and Kathleen Mae Case. Dated at Fort Madison, Iowa, this the 14th
day of November, 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. Received and
filed the following step increase for the Health Department: Lyndsey
Richardson, Family Support Worker, from $10.25/hr. to $10.46/hr., effective
10/14/06. New
Business: Supervisor Kowzan inquired whether the Board would be doing an exit
interview with Lee County Economic Development Director Lowell Junkins.
Chairman Morgan said that they would be conducting an exit interview with Mr.
Junkins in a future workshop. Supervisor Kruse stated that he had received
many complaints from citizens concerning the conditions of the Great River
Regional Waste Authority Office as a polling place. Committee
Reports: Chairman Morgan reported that on November 6th he had met
with County Sheriff Buck Jones to discuss applying for a Homeland Security
Grant. Supervisor Kowzan announced that the final design for the Argyle
Sanitary Sewer District is near completion. Received and
filed a Class C Beer Permit Application for The Denmark Jet Stop, Denmark. Moved by Larkin, seconded by Kruse, to approve payment of
claims. Motion carried. With
no further business, Chairman Morgan adjourned the meeting at 10:14 A.M. The next meeting of the Board will be
Tuesday, November 21, 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 |
