5-5-2005 City of Montrose, Iowa council meeting minutes. Holland absent, Mayor Dinwiddie implicates himself by stating the builder’s signature provides the builder is complaint to State Law.

 Boatner followed standard procedure provided for all citizens to remedy issues caused by a neighbor’s property redevelopment.  This property is legally nonconforming. The new neighbor purchased the lot from the Mayor of the City. City building official Mark Holland admitted he did not intend to do his duty and follow standard procedures to address and remedy the situation. Boatner contacted State Representative Phil Wise. Having explained the situation to Mr. Wise he showed the professional courtesy to contact City Hall and have Boatner put on the agenda so she could direct her questions to Council member/Building official Mark Holland in regards to the building permits issued for Mark Conlees property redevelopment. Having Contacted the Mayor and city clerk previously, she was always told to contact the building official. Again she was denied the opportunity to point out the fact that Conlee’s property is a legally nonconforming property and Iowa building code restricts the size of structures to be no large that the existing structures and they must comply with current building codes. These nonconforming structures are much larger that the existing double-wide mobile home and single car garage.  Having reviewed the blueprints and following standard procedure Mark Holland would have never legally been able to issue building permits for these nonconforming structures. Holland was absent from this meeting. Based on the record of attendance at these meetings one may consider his absence was intentional. He was aware that Boatner was on the agenda for the purpose of getting answers to her questions concerning how these illegal redevelopment were approved, and the foreseeable nuisance drainage issue caused by the redevelopment had not been addressed and remedied.Conlee was unable to get the illegal redevelopment recorded on the County plat map. That is when he determined I was going to be eliminated. He had to have my property to get his illegal redevelopment recorded on the County plat map. He chose to use toxic chemicals to eliminate me. He applied chemicals to my property as if it were a normal part of his routine yard maintenance. My Federal 1st Amendment right was violated by the chief of police and the County attorney. I was literally begging County attorney Mike Short to protect my rights. I knew the chemicals were causing my death. Many people knew I was dying. They just did not care. They refused to file a trespassing complaint on my behalf. Their acts were blatant and intentional. State Representative Phil Wise retired soon after I contacted him. Since Jerry Kearns has been elected to State Rep. I have contacted him multiple times. He has made no comment. I want to know who he is representing. He is not representing me. He is not representing the State law. That only leave Mark Conlee’s best interest to be what he is representing.  

5-5-2005-council-meeting-dinwiddie-implicates-himself-state-rep-phil-wise-assisted-boatner
Mayor Dinwiddie states City liability ends when building permits are signed by builder and Building Adm. I then presented the illegal building permit that is signed by Building Administrator Holland but not signed by owner/developer Mark Conlee. Junkins said according to Conlee’s lawyer there was no problem. Fact, the evidence shows Mark Conlee had not talked to an attorney at this time. It is reasonable to believe he was referring to his brother Lee County Law Enforcement officer. Bob Conlee misrepresented his authority on a different day also. Brisby said she and Holland have also driven by the properties. Fact Brisby and Holland are siblings. Holland had the duty to assure compliance to State law by the redeveloper before he approved illegal building permit, he approved the permit without have the required builder’s signature. This violates Boatners right to equal protection of the law, and her right to enjoy her own property both rights are in violation of Federal Law.

5-13-2005 Letter from Lee County Extension Agent including Professional Opinion on Nuisance Drainage Issue

Due to the fact that after multiple requests from Boatner for the building administrator Mark Holland to come to the location and address her concerns, he refused.  A witness was prepared to testify that she asked Holland if he was going to go to the location and address Boatner’s concerns. He replied that he had no intention of going to Boatner’s to address her concerns.  Knowing that the expert on this situation would be the local FEMA director Steve Cirinna. Knowing that a conflict of interest exists due to the fact the he is the husband of the city clerk Celeste Cirinna his opinion was not an option. Through a referral from the internet source Boatner contacted Lee County Extension Agent Robert Dodds for an opinion regarding the nuisance drainage issue. Mr. Dodds did come to the location as a professional courtesy.  Mr Dodds noticed some discrepancies that I had not, I only noticed that the building permit was not signed by the builder as required by State of Iowa law. The following letter was written to me advising me of his opinion to some questions I had asked him. A copy was also sent to Mayor Dinwiddie along with a copy of the State drainage laws. This letter was never discussed privately with Boatner or at a public council meeting. This letter was not submitted as ongoing business to the next elected administration of Mayor Tony Sciumbato . This expert’s opinion was ignored in this case, yet there are numerous instances unrelated to Conlee-Boatner nuisance drainage issue in which public record shows Mr. Dodds opinion was requested and respected. At this point any reasonable person would recognize a conspiracy to deprive me of my Federal Constitutional Right to Equal Protection of the Law and my Right to Enjoy my own Property at the least of the issues in this case.
5-13-2005 Bob Dodds letter to Mayor Dinwiddie
5-13-2005 Lee County, Ia extension agent Bob Dodds letter answering questions Boatner has asked, identifying errors or violations of drainage laws to Boatner and  Mayor Dinwiddie. He included a copy of the Iowa storm water management regulations.

3-19-2005 letter of intent Boatner to Conlee


3-18-2005 Boatner informal notice of drainage problem to Mark Conlee

Boatner also left copies of this letter on Mayor Dinwiddie and building official Holland’s door. NOTE THE WORD DITCH IS WHAT I REFERRED TO AS WHAT WE NEEDED


3-3-2005 Dinwiddie claiming the City doesn’t have an inspector because of liability issue

PAGE 196

MONTROSE COUNCIL MEETING

PUBLIC HEARING & REGULAR MEETING

March 3, 2005

The Montrose City Council met for Regular meeting at 7:00 p.m. on the 3rd day of March 2005.  Council met at City Hall, 102 S. 2nd St. pursuant to law with Mayor Ronald Dinwiddie presiding and the following Council members present: Brisby, Holland, Junkins, and Slater.  Roberts was absent.  

Call to Order. Regular meeting called to order at 7:00 p.m.  

Agenda. Moved by Holland, seconded by Slater to approve Agenda without Item No. 2 under New Business. All ayes. Motion declared carried.

Page 197     MONTROSE COUNCIL MEETING        MARCH 3, 2005,      PAGE 2

Ordinance No. 191. Councilwoman Brisby says we had a building inspector at one time.  Dinwiddie says we don’t have one now because the City didn’t want to be responsible if they inspected a home and something happened. Brisby also states the City had a building code at one time. Dinwiddie says that code was from the 1980’s. We are now adopting the International Building Code. He says even if we don’t have a building inspector, if someone has a complaint the City could enforce the International Code.  Moved by Holland, seconded by Slater to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY AMENDING PROVISIONS PERTAINING TO CHAPTER 50 SO AS TO PROVIDE A NUISANCE CODE FOR NUISANCE ENFORCEMENT. Roll call voting 4-0.  Brisby, aye; Roberts, absent; Slater, aye; Junkins, aye; Holland, aye. Motion declared carried unanimously.  

Ordinance No. 192. Moved by Holland, seconded by Brisby to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY ADOPTING THE INTERNATIONAL BUILDING CODE. Roll call voting 3-1. Junkins, aye; Slater, nay; Brisby, aye; Roberts, absent; Holland, aye. Motion declared carried.  

Ordinance No. 193. Moved by Holland, seconded by Junkins, to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY ADOPTING THE UNIFORM CODE ON ABATEMENT OF DANGEROUS BUILDINGS.  Roll call voting 4-0.  Roberts, absent; Brisby, aye; Holland, aye; Slater, aye; Junkins, aye. Motion declared carried unanimously.

Ordinance No. 194. Councilman Holland says the Fire Department doesn’t have the Fire Code books. They do not do inspections because of the liability. He says the City can ask the State Fire Marshal to inspect a building if needed. Moved by Holland, seconded by Brisby to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY ADOPTING THE UNIFORM FIRE CODE. Roll call voting 4-0.  

Slater, aye; Junkins, aye; Holland, aye; Roberts, absent; Brisby, aye. Motion declared carried unanimously.  

Ordinance No. 195. Dinwiddie says the City is responsible for the trees between the sidewalk and the street. Moved by Holland, seconded by Junkins to pass on first reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTROSE, IOWA 2003 BY AMENDING TREES. Roll call voting 3-1.  Holland, aye; Brisby, aye; Junkins, aye; Roberts, absent; Slater, any. Motion declared carried.

Hiring Police Chief. Clerk/Treasurer Cirinna says she received ten applications. All had been notified of the physical given by the Sheriff’s Office on March 10, 2005 at Central Lee. Council will meet at 5:00 p.m. on March 10, 2005 to review applications of the persons who have passed.

Dinwiddie went to the ILEA Records Requirement School. He says they realize not all towns hire a Police Chief the proper way. The City will now follow ILEA hiring standards. First there is a physical, the first interview, the MMPI and a second interview; all the while weeding out applicants.

Hiring Reserve Officers. Dinwiddie says we should wait. Kent Rubey concurred, saying we should wait until a Chief is hired.  

        

1-6-2005 min nuisance abatement discussion,

PAGE 185

MONTROSE COUNCIL MEETING

REGULAR MEETING

January 6, 2005

The Montrose City Council met for Regular Meeting at 7:00 p.m. on the 6 th day of January 2005. Council met at City Hall, 102 S. 2nd St. pursuant to law with Mayor Ronald Dinwiddie presiding and the following Council members present: Brisby, Holland, Junkins, Roberts and Slater. PAGE 186

MONTROSE COUNCIL MEETING JANUARY 6, 2005, PAGE 2

He also says there is a boat parked on the corner of Cedar and 1st St, Di Anna Chamberlin’shome. He says there was nearly a wreck. First Reading of Ordinance No. 191 regarding nuisance and junk vehicles. Cirinna is waiting to hear from the City Attorney regarding “Notice to Abate”. No action taken at this time. Tabled to February 3, 2005 meeting. Ralph St. Clair wanted to know what rules the City was using; State, County or City. Did Bob Conlee have to pass the pre Academy physical? Dinwiddie says State rules. He says Bob Conlee knew he had to be certified within one year. John Farmer was certified in Missouri, so he didn’t have to go to the Academy. 

PAGE 187        MONTROSE COUNCIL MEETING JANUARY 6, 2005,             PAGE 3

Consider hiring process for Chief of Police. Dinwiddie says he will speak with Sheriff Buck Jones about working something out with the Sheriff’s Office. It is proposed that the City pay the Sheriff’s Office a certain amount (to be determined) and our present police officers will take care of the day to day business. This way, City ordinances will be enforced. Brisby says we need to look at everything. Roberts says the local police can keep a problem small. Jason Dinwiddie says presently, a deputy can do everything but bookingThe Mayor, Holland and deputies will speak with Jones. Brisby asked how the officers are currently paid; are they paid for on call? While home? On the job? She says they should be paid only if called. Dinwiddie says they are being paid for on call. Dinwiddie says from now on, they will be paid one half their hourly wage for on call time and full hourly rate if called out.Hiring Reserve Police Officers. No action taken at this time.

PAGE 188       MONTROSE COUNCIL MEETING JANUARY 6, 2005, PAGE 3

Employee Comments. Cirinna, Junkins and Hoenig had no comments. Dale Sanders says he has called Don Smith at Huffman’s about rust on the sign, but has not heard back from him. Dinwiddie says he will contact Smith. Holland wants to know where Kent Brisby stands at being on duty. Can he be a backup? Jason Dinwiddie says it doesn’t hurt to have someone to help out. Holland says we don’t want to have burn out, such as when Jason was working alone while Rubey and Smith were out sick. Mayor Dinwiddie says Brisby has an application in for Reserve. Brisby says he has to certify with a gun at the Sheriff’s Office. Dinwiddie says he has to be rehired. Holland says Council would have to go through other applications. He wants the matter on the February 2, 2005 Agenda. Holland also wanted to know if the Police Dept. had bought Stop Sticks yet. Dinwiddie says no; they will use the money received from the Lee County Narcotics Task Force for this purchase. Holland and Judy Brisby say Kent Rubey needs to be at the Council meetings. He needs to come to the budget workshop if the Police Dept. needs something budgeted. Roberts says she asked the State if they would please approve the signage coming into Montrose so drivers can better see it and was told they have their own standards and the signs won’t be changed.

Adjournment. Moved by Holland, seconded by Slater to adjourn at 8:55 p.m. All ayes. Motion declared carried.

Respectfully Submitted,

Ronald L. Dinwiddie, Mayor

Attest:

Celeste L. Cirinna

Clerk/Treasurer