OOPS! An Important Correction.
On March 24 I wrote a blog regarding a proposed Jewel Avenue seal coating project.
While I stand by the bulk of what I wrote then I need to make a correction with regard to having written that "the Zoning Commission probably exceeded it's legal mandate in making a recommendation to the supervisors. The mandate of zoning commissions is clearly stated in Title 9 Code of Iowa at 338.5: .......That's it."
Well, as it happens, that is not it.
It has since been brough to my attention that "Resolution No, 16-2004" was signed by Board of Supervisors chairman Gary See on June 29, 2004. This resolution states: "that the Henry County Board of Supervisors shall require that all proposed changes in current secondary road status be examined by the Henry County Planning and Zoning Commission with recommendations pertaining to said changes to be forwarded to the Henry County Board of Supervisors no more than sixty days from date of submission."
It is unfortunate that supervisor's board chairman, Mr.See, was unable to refer me to this Resolution in response to my questioning, during meeting of Supervisors on May 7th, how the proposed Jewel Avenue Experimental Test project had became an issue that was to go before the P&Z Commission.
It also want to make clear that Mr. Buffington later suggested to me I look up a resolution passed 'around' 1963 regarding road issues being reviewed by P&Z. I did look at resolutions passed in 1963 but discovered nothing and looked no further. Nor did I question Mr. Buffington further. That is my failing and it is the reason I was wrong to suggest that P&Z acted outside the scope of it's mandate. I hope the Commission members, as well as the reading public, will forgive me for having erred.
It is curious to me that Mr. Belzer said near the end of the Planning and Zoning meeting that: "we did not have a policy (in the past). We now have a policy that we are not going to upgrade a road without asking your permission - not your permission - your input first."
Hopefully, in the interest of providing clarity to the public, the requirements laid out in County Resolution 16-2004 will be followed rigorously by the supervisors moving forward.
Again, my apologies to anyone that may have been injured by remarks I made in an earlier blog.
Comment added by author on 4/3/13: The year 1963 is mentioned in paragraph 6 above. The correct year should read 2003. I was graduated from high school in 1963 and have been researching whether to attend my upcoming 50th class reunion. That is as close as I can come to explaining how "1963" got in the text. This error was pointed out in discussion during April 2nd supervisors meeting and Mr. Buffington was rightly wondering how "1963" got into the discussion. I was not at the meeting on the 2nd and I thank Mrs. Barber for clarifying that I had stated to her that I had been in her office looking through 2003 ordinances.