Board of Supervisors Minutes

June 2, 2009

The Tama County Board of Supervisors met at 9:30 a.m., June 2, 2009. Present: 1st District Supervisor, Larry Vest; 2nd District Supervisor, Kendall Jordan and 3rd District Supervisor, Dan Wilkens.

Motion by Wilkens, seconded by Jordan to approve the minutes of the May 26th, 2009, regular meeting. All voted aye. Motion carried.

The Board met with Lyle Brehm, Tama County Engineer to get a road projects report.

Motion by Jordan, seconded by Wilkens to approve the contract for Hwy E69 Resurfacing, Project # ESFM-C086(74)--5S-86 and direct the Chairman to sign the contract after the contractor signs it and provides a bond. All voted aye. Motion carried.

The Board held a public hearing at 9:30 am to consider a proposal to vacate a road in Section 1 of Carlton Township and Section 36 in Spring Creek Township. Comments were heard from the members of the public that were present. The public hearing was closed at 9:41 am.

Motion by Jordan, seconded by Wilkens to approve the following resolution to vacate a road:

RESOLUTION NO. 6-2-2009A

WHEREAS, a public hearing of the Tama County Boards of Supervisors was held at 9:30 am on June 2nd, 2009, in the office of the Tama County Board of Supervisors to consider the proposal to vacate the following road:

All or a portion of 220th Street between F Avenue and G Avenue, originally established on October 7, 1861 (See Road Calendar Book A, page 162) all lying in Section 1, T84N, R16W and Section 36, T85N, R16W of Tama County, Iowa, and

WHEREAS, no objections have been received, either in writing or by persons present, and

WHEREAS, no claims for damages were received, and

WHEREAS, it is desired to maintain access to the residence drive located about 700 feet from the west end of the road, and

WHEREAS, certified mail failed to deliver to one landowner on the east end,

THEREFORE BE IT RESOLVED that 220th Street from about 800 feet east of the NW corner of Section 1-84-16 to about 400 feet west of the NE corner of Section 1-84-16 be ordered vacated and closed.

Roll Call Vote: Vest, aye. Jordan, aye. Wilkens, aye. Resolution passed this 2nd day of June, 2009. Larry Vest, Chairman, Board of Supervisors. Laura Kopsa, Auditor.

The Board held a public hearing at 10:00 am to consider a proposal to vacate a road in Section 9 of Salt Creek Township. There was discussion with members of the public that were present. The public hearing closed at 10:18 am.

Motion by Wilkens, seconded by Jordan to approve the following resolution to vacate a road:

RESOLUTION NO. 6-2-2009B

WHEREAS, a public hearing was held at 10:00 am on June 2, 2009, in the office of the Tama County Board of Supervisors to consider the proposal to vacate the following road:

A portion of U Avenue commencing approximately 500 feet north of the SE corner of the NE ¼ of the NW ¼ of the N ¼ Corner of Section 9-82N-13W and thence north to the N1/4 Corner of said Section 9 of Salt Creek Township, originally established on August 25, 1877 (See Road Calendar Book C, page 83) all lying in Section 9, T82N, R13W of Tama County, and

WHEREAS, no objections have been received by the adjacent landowners, either in writing or by persons present, and

WHEREAS, objections were received by residents of the area, and

WHEREAS, no claims for damages were received,

THEREFORE BE IT RESOLVED that the subject section of road be ordered vacated and closed. This road vacation is not intended to remove easements for utilities.

Roll Call Vote: Vest, aye. Jordan, aye. Wilkens, aye. Resolution passed this 2nd day of June, 2009. Larry Vest, Chairman, Board of Supervisors. Laura Kopsa, Auditor.

The Board met with Todd Rickert, Tama County CPC, to discuss a mandate that is being discussed that would require 24/7 coverage be provided by the CPC office. If this does go through he would like the Board to approve paying $1.00 an hour for the staff that is on call with anything over 40 hours being made comp time that would be used as soon as possible. No action taken.

Brent Heeren, County Attorney, was present to discuss the need to appoint a temporary special prosecutor for an upcoming case due to an ethical conflict within the County Attorney's office. Motion by Wilkens, seconded by Jordan to approve the following resolution to appoint a temporary special prosecutor:

RESOLUTION 6-2-2009C

WHEREAS, pursuant to the Rules of Professional Responsibility for Attorneys, a lawyer should avoid even the appearance of impropriety and act in manners which promote public confidence in the integrity and efficiency of the legal system and the legal profession; and

WHEREAS, Brent Heeren, on behalf of the Office of the Tama County Attorney seeks the appointment of a temporary special prosecutor to investigate and prosecute pending matters investigated by the DCI due to involvement of law enforcement personnel who have served in Tama County which present an ethical conflict within the Office of the Tama County Attorney; and

WHEREAS, Pat Wilson of Des Moines, Iowa is willing to serve as a temporary special prosecutor for this case for $75.00 an hour respectively;

NOW THEREFORE BE IT RESOLVED: That Pat Wilson is herby appointed temporary special prosecutor within the Office of the Tama County Attorney at the afore mentioned rate of pay to investigate and prosecute the criminal matter investigated by the DCI which presents an ethical conflict for the Tama County Attorney and the Office of the Tama County Attorney.

Roll Call Vote: Vest, aye. Jordan, aye. Wilkens, aye. Resolution passed this 2nd day of June, 2009. Larry Vest, Chairman, Board of Supervisors. Laura Kopsa, Auditor.

Motion by Wilkens, seconded by Jordan to approve the claims for payment as presented. All voted aye. Motion carried.

Chairman Vest adjourned the meeting at 10:56 a.m.