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                        December 5, 2006

 

      The Lee County Board of Supervisors met on Tuesday, December 5, 2006, at 9:00 A.M., at the North Lee County Office Building in Fort Madison.

 

      Present: Joe Kowzan, Larry Kruse and Bob Woodruff

 

All votes are unanimous unless otherwise indicated.

 

Moved by Woodruff, seconded by Kruse, to table the approval of the Tuesday, November 28, 2006 board minutes.  Motion carried.

 

At 9:02 A.M., Vice-Chair Kruse opened a public hearing to receive comments on the Proposed Unincorporated Area of Lee County Urban Revitalization Program. Supervisor Kowzan explained the on-going program, which will go into effect January 1, 2007, to the Lee County residents in attendance. Several residents had comments and/or questions. At 10:17 A.M., it was moved by Kowzan, seconded by Woodruff, to close the public hearing. Roll call: Kowzan-aye, Woodruff-aye and Kruse-aye. Motion carried. Moved by Kruse, seconded by Woodruff, to approve the first reading of the Lee County Ordinance designating the area within the unincorporated boundaries of Lee County as a revitalization area and adding a revitalization plan for the area. Motion carried.

 

At 10:22 A.M., Vice-Chair Kruse opened a public hearing on a proposed establishment of an Area Service C Road. Ron Meller, Wever, presented the Board with a picture of the proposed portion of 370th Avenue. There were no other comments or questions received by the Board. At 10:25 A.M., it was moved by Kowzan, seconded by Woodruff, to close the public hearing. Roll call: Kowzan-aye, Woodruff-aye and Kruse-aye. Motion carried. Moved by Woodruff, seconded by Kowzan, to approve the following resolution:

 

RESOLUTION #2006-94

WHEREAS, the Lee County Board of Supervisors desires to classify certain roads on the area service system in the County to provide for a minimal level of maintenance and access by means of a gate or barrier, and

 

WHEREAS, the Board of Supervisors, after consultation with the County Engineer, has the authority to specify certain roads within the County as Area Service C Roads pursuant to Section 309.57 of the 1997 Code of Iowa, and

 

      WHEREAS, the Board of Supervisors has received a petition, attached to this resolution, signed by all landowners adjoining the road, requesting that the following road be classified as an Area Service C Road:

 

A portion of 370th Avenue from 190th Street south to 200th Street being more particularly described as commencing at the Northwest corner of Section 22, Township 68 North, Range 3 West, of the 5th P.M., Green Bay Township, Lee County, Iowa, thence south one mile to the Southwest corner of Section 22.

 

WHEREAS, the minimal level of maintenance will be as follows:

     

1.                BLADING:  Blading or dragging will not be performed on a regular basis.

2.                SNOW AND ICE REMOVAL:  Snow and ice will not be removed except in case of emergency.

3.                SIGNING:  Except for load limit posting for bridges, signing shall not be continued or provided.  ALL AREA SERVICE LEVEL C ROADS SHALL BE IDENTIFIED WITH A SIGN AT ALL POINTS OF ACCESS TO WARN THE PUBLIC OF THE LOWER LEVEL OF MAINTENANCE.

4.                WEEDS, BRUSH AND TREES:  Mowing or spraying weeds, cutting brush and tree removal will not be performed on a regular basis.  Adequate sight distances will not be maintained on a regular basis.

5.                STRUCTURES:  Bridges and culverts may not be maintained on a regular basis to carry legal loads.  Upon failure or loss the replacement structure will be appropriate for the traffic thereon.

6.                ROAD SURFACING:  There will be no surfacing materials applied to Area Service C Roads on a regular basis.

7.                SHOULDERS:  Shoulders will not be maintained on a regular basis.

8.                CROWN:  A crown will not be maintained on a regular basis.

9.                REPAIRS:  There will be no road repairs done on a regular basis.

10.            UNIFORM WIDTH:  Uniform width for the traveled portion of the road will not be maintained.

11.            INSPECTIONS:  Regular inspections will not be conducted.

12.            GATE: The gate shall be purchased and installed by the County and maintained by the adjoining landowners.  If not so maintained, the County may remove the gate, and

WHEREAS, the only persons who will have access rights to the road shall be:

1.    The landowner, lessee or person in lawful possession of any adjoining land

2.    The agent or employee of the owner, lessee or person in lawful possession of any adjoining land,

3.    Any peace officer,

4.    Any magistrate,

5.    Any public employee whose duty it is to supervise the use or perform maintenance of road,

6.    Any agent or employee of any utility located upon road.

 

NOW, THEREFORE BE IT RESOLVED by the Lee County Board of Supervisors that the County hereby establishes the road described above as an Area Service C Road with restricted access and a minimal level of maintenance.

 

Passed and approved this 5th day of December, 2006.

Lee County Board of Supervisors. /s/ Larry W. Kruse, Vice-Chair, /s/ Robert J. Woodruff, Member, /s/ Joseph W. Kowzan, Member. Attest: /s/ Anne Pedersen, Lee County Auditor. Motion carried.

 

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

RESOLUTION #2006-95

 

RESOLUTION ABATING PROPERTY TAXES ON A TAX EXEMPT OR CHARITABLE ORGANIZATION

 

WHEREAS, Keokuk Area Group Home acquired certain property on May 10, 2005; and,

 

WHEREAS, under §427.1(8) the property would be exempt from taxes; and

 

      WHEREAS, under §427.1(14) Keokuk Area Group Home, Inc. was required to file a statement of exemption no later than February 1, 2006, on a form prescribed by the Director of the Department of Revenue; and,

 

WHEREAS, the Keokuk Area Group Home, Inc. failed to timely file that statement of exemption until following the February 1 deadline; and,

 

WHEREAS, because of that failure to file the exemption application on a timely basis the property is subject to taxation payable in 2007-08; and,

 

WHEREAS, Lee County Treasurer Janet Strunk has determined that it would be impractical to pursue the collection of the taxes pursuant to section §445.16 because of the collection of the taxes would negatively impact the county’s ability to deliver mental health and mental retardation services to its citizens and has so certified to the Board; and,

 

WHEREAS, upon the written recommendation to the Board the Board is authorized to abate any amount of taxes;

 

NOW THEREFORE BE IT RESOLVED, that the Lee County Board of Supervisors hereby abates taxes due from Keokuk Area Group Home, Inc. for the property located at 317 High Street, Keokuk, Iowa. The Treasurer is directed to strike any amount due from the County’s system.

 

I, Janet Strunk, being the duly elected, acting and qualified Treasurer of Lee County, Iowa, hereby certify to the Lee County Board of Supervisors pursuant to §445.16 that it is impractical to pursue the collection of the total amount of taxes due for tax sale and personal judgment remedies.  The Treasurer requests that the taxes be abated as herein proposed. /s/ Janet Strunk, Lee County Treasurer

 

Approved by the Board of Supervisors on this the 5th day of December, 2006.

 

Lee County Board of Supervisors. /s/ Larry W. Kruse, Vice-Chair, /s/ Robert J. Woodruff, Member, /s/ Joseph W. Kowzan, Member. Attest: /s/ Anne Pedersen, Lee County Auditor. Motion carried.

 

There were no citizen comments, questions or concerns.

 

      Moved by Kowzan, seconded by Woodruff, to approve a 5-year Network Service Agreement between Lee County Maintenance and Qwest for DS1 Service, effective December 5, 2006. Motion carried. The previous agreement with Qwest will be voided.

 

      Moved by Kowzan, seconded by Woodruff, to approve an agreement between Lee County and Maximus, Inc., Des Moines, Iowa, for professional consulting services, not to exceed $3,773.00 per year for plans prepared in 2007 through 2009. Motion carried.

 

      Moved by Kowzan, seconded by Woodruff, to approve the first reading of the Lee County Ordinances. Motion carried.

 

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

 

RESOLUTION #2006-96

 

RESOLVED this 5th day of December 2006 that Ryanne Wood is hereby appointed as

Lee County General Relief Director for the period December 11, 2006 to January 1, 2007.

 

Lee County Board of Supervisors. /s/ Larry W. Kruse, Vice-Chair, /s/ Robert J. Woodruff, Member, /s/ Joseph W. Kowzan, Member. Attest: /s/ Anne Pedersen, Lee County Auditor. Motion carried.

 

      Moved by Kowzan, seconded by Woodruff, to approve the following new hire for Central Point of Coordination: Ryanne Wood, Administrator, $48,000.00 annually, effective 12/11/06. Motion carried.

 

      Moved by Woodruff, seconded by Kowzan, to approve the following temporary part-time new hire for the Treasurer’s Office: Mary C. Hoenig, Records Clerk, $9.11/hr., effective 11/17/06. Motion carried.

 

      Received and filed the following transfer: Heather Evans-McWilliams, from Treasurer’s Office Records Clerk, $11.39/hr. to Auditor’s Office Real Estate Clerk, $11.39/hr., effective 12/14/06.

 

Received and filed the following for the Health Department: Becky Fader, Staff Nurse, step increase from $18.40/hr. to $18.77/hr., effective 11/22/06 and Jacqueline Seckman, New-hire, Staff Nurse, $16.00/hr., effective 11/1/06.

 

There was no New Business.

 

Committee Reports: Supervisor Kowzan will be attending a R.U.S.S. meeting on Wednesday, December 6, 2006. Supervisor Kruse will be attending a Crime Commission meeting on Friday, December 8, 2006.

 

     Moved by Woodruff, seconded by Kowzan, to approve payment of claims.  Motion carried.

 

      Received and filed a Class C Liquor License renewal for Mt Hamill Tap, Donnellson.

 

With no further business, Vice-Chair Kruse adjourned the meeting at 10:45 A.M.  The next meeting of the Board will be Tuesday, December 12, 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