THE IOWA DISTRICT COURT CLINTON COUNTY PROBATE NO. ESPRO18271 NOTICE OF PROBATE OF WILL, OF APPOINTMENT OF EXECUTOR, AND NOTICE TO CREDITORS *SMALL ESTATE IN THE MATTER OF THE ESTATE OF CANDACE JANE DeSHAZIER, Deceased. To All Persons Interested in the Estate of CANDACE JANE DeSHAZIER, Deceased, who died on or about April 4, 2015: You are hereby notified that on the 15th day of June, 2015, the last will and testament of CANDACE JANE DeSHAZIER, deceased, bearing date of the 7th day of August, 1979, was admitted to probate in the above named court and that David R. DeShazier was appointed executor of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred. Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above named district court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur of four months from the second publication of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred. This estate is being administered as a small estate. Dated this 16th day of June, 2015 David R. DeShazier Executor of estate Lot 36 Cedar Heights Court Camanche, IA 52730 James D. Bruhn, PLC. AT0001182 Attorney for the Executor Farwell & Bruhn 343 Fifth Avenue South Clinton, Iowa 52732 13 day of July, 2015 Published: July 6 & 13, 2015 --- PUBLIC NOTICE OF STORM WATER DISCHARGE Blue Hyll Dairy plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under the NPDES General Permit No. 2 Storm Water Discharge Associated with Industrial Activity for Construction Activities. The storm water discharge will be from site grading located in the Northeast Quarter of Section 25, Township 83 North, Range 6 East of the 5th Principal Meridian, Clinton County, Iowa. Storm water will be discharged from one point source and will be discharged to the following streams: flows to an unnamed drainageway which is a tributary to Silver Creek which flows into the Mississippi River. Comments may be submitted to the Storm Water Discharge Coordinator, Iowa Department of Natural Resources, Environmental Protection Division, 502 E. 9th Street, Des Moines, IA 50319- 0034. The public may review the Notice of Intent from 8 a.m. to 4:30 p.m., Monday through Friday, at the above address after it has been received by the department. Published: July 13, 2015. ---- CLINTON COUNTY BOARD OF SUPERVISORS JULY 1, 2015 The Board of Supervisors of Clinton County, Iowa, met. Present were Supervisors Staszewski, Srp and Hamerlinck. The minutes of the previous meeting were read and approved. 8:30 A.M. Review Correspondence and Claims 8:30 A.M. FORMAL ACTION: Resolutions and Motions The following resolution was presented and on motion adopted. RESOLUTION #2015-190 BE IT RESOLVED by the Board of Supervisors of Clinton County, Iowa, that the amounts as shown, published, and approved in the County Budget for fiscal 2015/2016 on March 9, 2015, be and are hereby appropriated for fiscal year 2015/2016 from the various funds of the County to the several offices and departments of County Government for the purpose set out in detail and on file in the office of the County Auditor. Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes John F. Staszewski, Chairman The following resolution was presented and on motion adopted. RESOLUTION #2015-191 WHEREAS, it is desired to authorize the Auditor to periodically transfer sums from the General Basic and Rural Services Funds to the Secondary Road Fund during the 2015/2016 budget year, and WHEREAS, said transfers must be in accordance with Section 331.432, Code of Iowa, Section 1. The total maximum transfer from the General Basic Fund to the Secondary Road Fund for the fiscal year beginning July 1, 2015, shall not exceed the sum of $293,432.00; and the maximum transfer from the Rural Services Fund to the Secondary Road Fund for the fiscal year beginning July 1, 2015, shall not exceed the sum of $1,601,164.00. Section 2. Within three days of being notified of the apportionment of current property taxes, state replacements against levied property taxes, mobile home taxes or military service tax credit replacements to the General Basic or Rural Services Funds, the Auditor shall order a transfer from said fund to the Secondary Road Fund. Section 3. The amount of the transfer required by Section 2 shall be equal to the apportionment made under Section 2 to the General Basic or Rural Services Fund, respectively, multiplied by the ratio of said funds total maximum transfer to the Secondary Road Fund, to the sum of mobile home taxes and total military service tax credit replacements. Section 4. Notwithstanding the provisions of Section 2 and 3 of this resolution, total transfers to the Secondary Road Fund shall not exceed the amounts specified in Section 1. Section 5. Notwithstanding the provisions of Section 2 and 3 the amount of any transfer shall not exceed available fund balances in the transferring fund. Section 6. The Auditor is directed to correct his books when said operating transfers are made and to notify the Treasurer and County Engineer of the amounts of said transfers. The above and foregoing resolution was adopted by the Board of Supervisors of Clinton County, Iowa, the vote thereon being as follows: Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes John F. Staszewski, Chairman The following resolution was presented and on motion adopted. RESOLUTION #2015-192 WHEREAS, the officials of the various offices of Clinton County designate the following institutions as depositories for the funds coming into their hands FY 2015-2016, as provided by Section 12C.1, Code of Iowa; and WHEREAS, the Clinton County Board of Supervisors, after receiving advice from the County Treasurer, deem said institutions as proper places for the deposit of such funds. THEREFORE BE IT RESOLVED that the actions of said officials in designating said institutions be and the same are hereby approved and said officials are hereby authorized to deposit public funds in their hands in the financial institutions specified, deposits in no case to exceed the amount specified: RECORDER/REGISTRAR, SCOTT JUDD Clinton National Bank $300,000.00 SHERIFF, RICK LINCOLN Clinton National Bank $500,000.00 TREASURER, RHONDA MCINTYRE Clinton National Bank 50,000,000.00 Sterling Federal Bank 10,000,000.00 US Bank 10,000,000.00 DeWitt Bank & Trust 20,000.000.00 First Central State Bank 20,000,000.00 First Trust & Savings Bank 10,000,000.00 Gateway State Bank 30,000,000.00 Citizens First Bank 0,000,000.00 IPAIT 3,000,000.00 Edward D. Jones (Jerry Kedley) 1,000,000.00 Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes John F. Staszewski, Chairman The following resolution was presented and on motion adopted. RESOLUTION #2015-193 WHEREAS, the Clinton County Sheriff is an elected official and the Board of Supervisors does not consider nor appoint personnel for elected officials, but needs to authorize payroll for the County Auditor. THEREFORE BE IT RESOLVED by the Board of Supervisors of Clinton County, Iowa, that the County Auditor be and is hereby authorized to issue biweekly paychecks on the General Basic Fund, Office of Jail, to Hailey Hall, as a full-time Correctional Officer. This will be in effect July 1, 2015, at an hourly rate of $16.79 during Hailey Halls probationary period. This is subject to the terms and conditions of the Sheriffs Bargaining Unit agreement without further action of this Board. Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes John F. Staszewski, Chairman The following resolution was presented and on motion adopted. RESOLUTION #2015-194 WHEREAS, the Treasurers office budget was reduced by the County Board of Supervisors for fiscal year 2015-2016, it has become necessary to eliminate the position of motor vehicle Clerk I full-time. WHEREAS, Allison Swanson has been employed by Clinton County in the position of Clerk I full-time and the position has been eliminated from the 2015-2016 budget; FURTHER, Allison has agreed to continue employment on a temporary part time basis from time to time as needed. THEREFORE BE IT RESOLVED by the Board of Supervisors of Clinton County, Iowa, that the County Auditor be and is hereby authorized to discontinue payroll from the General Basic Fund, Treasurers Office, for Allison Swanson in the position of Clerk I full-time on June 26, 2015, and to continue her employment as a temporary part time employee on an occasional as needed basis. Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes John F. Staszewski, Chairman The following resolution was presented and on motion adopted. RESOLUTION #2015-195 WHEREAS, the Treasurers office budget was reduced by the County Board of Supervisors for fiscal year 2015-2016, it has become necessary to eliminate the position of Administrative Office Assistant; WHEREAS, Tami Stoddard has been employed by Clinton County in the position of Administrative Office Assistant for several years and the position has been eliminated from the 2015-2016 budget; FURTHER, Tami has accepted employment in the Treasurers Office in the position of motor vehicle Clerk II for the fiscal year 2015-2016. THEREFORE BE IT RESOLVED by the Board of Supervisors of Clinton County, Iowa, that the County Auditor be and is hereby authorized to discontinue payroll from the General Basic Fund, Treasurers Office, for Tami Stoddard in the position of Administrative Office Assistant on June 30, 2015, and begin payroll in the position of Clerk II at the Clerk II rate as noted in the most recent bargaining unit contract, effective July 1, 2015. Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes John F. Staszewski, Chairman The following resolution was presented and on motion adopted. RESOLUTION #2015-196 WHEREAS, Alicia Bahnsen has accepted employment with Clinton County Assessors Office effective May 25, 2015; WHEREAS, Alicia Bahnsen will terminate her employment with the Clinton County Treasurers Office on June 19, 2015, at the close of business; THEREFORE BE IT RESOLVED by the Board of Supervisors of Clinton County, Iowa, that the County Auditor be and is hereby authorized to discontinue payroll from the General Basic Fund, Treasurers Office, for Alicia Bahnsen, Clerk II, effective June 19, 2015, at 4:30 p.m. Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes John F. Staszewski, Chairman The following resolution was presented and on motion adopted. RESOLUTION #2015-197 WHEREAS, an agreement having been made between the Clinton County Secondary Road Department union employees represented by International Brotherhood of Painters & Allied Trades Local Number 2003, and the Board of Supervisors of Clinton County, Iowa, applicable to the employment of said employees, and WHEREAS, the following employees are covered by the said agreement for the period from July 1, 2015 through June 30, 2016: Sub Foremen District Foreman D-1 David Feuss D-2 Brad Johnson D-3 Chet Hippler Patrol Operators District Operator M-1 Virgil Roling M-2 Jacob Beck M-3 William Yaddof M-4 John Looney M-6 Adam Wilhelm M-7 Tim Frame M-8 Troy Meyermann M-9 Dan Roling M-10 Aaron Rowold M-11 Aaron Frame M-12 Chad Tobey M-13 David Flynn Truck Drivers Radio Identification # Truck Driver 23-7 Charles Hunter 23-8 Todd Randolph 23-9 Troy Mohr 23-11 Gary Roling 23-13 Kevin Bauer 23-16 Wayne Crist 23-17 Doug Farley 23-21 Dave Jacobi 23-23 Keith Grimm Bridge Crew Radio Identification # Crew Member 23-20 Nic Hahn Resurfacing Crew Radio Identification # Crew Member 23-18 Greg Haack (Crew Foreman) 23-24 Chad Christensen (Truck Driver) Sign Crew Radio Identification # Crew Member 23-19 Jacob Flagel 23-19 Devin Wagner Shop Crew Radio Identification # Crew Member 23-02 Lewis Creed (Mechanic) 23-02 Rex Mess (Parts and Inventory) Office John W. Geltz - Engineering Tech 3 BE IT FURTHER RESOLVED by said Board that the County Auditor be and is hereby authorized to issue bi-weekly checks on the Secondary Road Fund in payment of wages, as set out in the said agreement, for said job classifications. Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes John F. Staszewski, Chairman The following resolution was presented and on motion adopted. RESOLUTION #2015-198 RESOLUTION APPROVING A MAP AMENDMENT TO THE ZONING ORDINANCE OF CLINTON COUNTY, IOWA WHEREAS, on the matter herein, the Clinton County Planning and Zoning Commission held a Public Hearing on June 3, 2015, and following said hearing the Commission recommended approval of the attached map amendment to the Clinton County Zoning Ordinance; and WHEREAS the Clinton County Board of Supervisors held a Public Hearing and First Reading of the proposed map amendment on June 22, 2015, to consider said amendment and to hear comments for and against; and WHEREAS the Clinton County Board of Supervisors held a Second Reading of the proposed map amendment on July 1, 2015, to consider said amendments; and NOW, THEREFORE BE IT RESOLVED by the Clinton County Board of Supervisors as follows: 1. The attached ordinance numbered 2015-01 is hereby adopted. 2. The Auditor is directed to publish said ordinance as required by law. 3. This ordinance shall be in effect from and after its adoption and publication as required by law. Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes John F. Staszewski, Chairman The following ordinance was presented and on motion adopted. ORDINANCE #2015-01 AN ORDINANCE AMENDING THE MAP OF THE CLINTON COUNTY ZONING ORDINANCE RELATIVE TO THE ZONING DESIGNATION OF CERTAIN PROPERTY LOCATED IN SECTION 6, TOWNSHIP 82 NORTH, RANGE 7 EAST OF THE 5TH P.M. IN CLINTON COUNTY, IOWA BE IT ENACTED BY THE CLINTON COUNTY BOARD OF SUPERVISORS: Section 1: The zoning district boundaries of the County of Clinton Iowa are herewith changed so as to provide for the change of the following described property: See Attached Exhibit A (on file in the Auditors Office) within the AR-1 (Agricultural-Recreational) District of Clinton County, Iowa to R-1 (Suburban Residential). Section 2: The change as hereinabove set forth shall be entered and made part of the zoning map of the County of Clinton, Iowa, which map is made part of the Zoning Ordinance of the County of Clinton, Iowa, by incorporation therein as set forth in Chapter III, Section 3.2 of the said Clinton County Zoning Ordinance, and the Chairperson of the Board of Supervisors in accord with Chapter III, Section 3.2.3 shall promptly note on said map the Ordinance numbers, nature of change and date of change. Section 3: If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4: This Ordinance shall be in full force and effect from and after its adoption and publication as required by law. PASS AND ADOPTED this 1stday of July, 2015 by the Board of Supervisors, Clinton County, State of Iowa. Signed: Shawn Hamerlinck Signed: Dan Srp Signed: John F. Staszewski Clinton County Board of Supervisors ATTEST: Eric Van Lancker (Signed) County Auditor County of Clinton State of Iowa The following resolution was presented and on motion adopted. RESOLUTION #2015-199 WHEREAS, Clinton County (hereinafter called the Subgrantee), County of Clinton, has made application through the Iowa Homeland Security and Emergency Management Division (HSEMD) to the Federal Emergency Management Agency (FEMA) for funding from the Pre-disaster Mitigation Grant Program, in the amount of $30,000.00 for the total project cost; and WHEREAS, the Subgrantee recognizes the fact that this grant is based on a cost share basis with the federal share not exceeding 75%, the state share is unavailable and the local share being a minimum of 25% of the total project cost. The minimum 25% local share can be either cash or in-kind match; and THEREFORE the Subgrantee agrees to provide and make available up to $7,500.00 (Seven thousand five hundred dollars) of local monies to be used to meet the minimum 25% match requirement for this mitigation grant application. Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes John F. Staszewski, Chairman Motion was made by Supervisor Srp to authorize the Chairman to sign Utility Permit Number 28-14 for Tecom Construction (CenturyLink) to install underground fiber along the west side of 468th Avenue in Section 6 of T82N-R7E of Elk River Township. Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes Motion carried. Motion was made by Supervisor Srp to authorize the Chairman to sign a letter to the Governor of the State of Iowa requesting a line-item veto as it concerns court fine collections. Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes Motion carried. Motion was made by Supervisor Srp to authorize the Chairman to sign the FY16 contract with River Bend Transit. Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes Motion carried. GENERAL PUBLIC DEPARTMENT HEADS, ELECTED OFFICIALS AND EMPLOYEES Clinton County Auditor Eric Van Lancker distributed a list of Board and Commission members and informed the Board it needs to address expiring appointments. He also asked about the schedule for the week of July 20 since it was meeting late the week before. It was decided the Board of Supervisors will not conduct a meeting during the week of July 20. Clinton County Engineer Todd Kinney updated the Board about a Bulgers Hollow road resurfacing request. A re-stabilization project was completed on the road in 2013. Kinney believes the current road is satisfactory. Supervisor Hamerlinck updated the Board of Supervisors on County Community Assistance Program Director Kim Ralstons work to research how other counties address tax suspension requests. He said they will bring options to the Board of Supervisors soon. Clinton County Sheriff Rick Lincoln introduced new Sheriff Deputy Clayton Rabe. He previously served as a correctional officer in the jail. He also introduced Hailey Hall, a new hire for correctional office in the jail. 9:00 A.M. Discussion - Courthouse Roof Repair and Tuckpointing Options Building Maintenance Manager Corey Johnson Johnson reported he has identified another company for roof replacement with metal and slate. He added three companies have been contacted about the tuckpointing and two have responded so far. He said one company is not interested in the entire job. Supervisor Srp stated during a recent replacement jail meeting it was mentioned the boilers could be moved into the proposed jail building instead of in the Courthouse as is the current plan. 9:19 A.M. Discussion/Possible Action Presentation of Recommendations Concerning Return to Work Policies and Office Equipment - Risk Management Chairman Todd Kinney Kinney reviewed annual recommendations from the Countys workers compensation insurance representative. The first was to use the IMWCA on-line training program which Kinney has already set up. He will forward the information on to Department Heads on how to use the internet training. Kinney also reviewed the other recommendation of the Countys return to work program. A memo about return to work policies was reviewed. The memo will be distributed from the Board of Supervisors office. Motion was made by Supervisor Srp to sign and distribute the Return to Work memo recommended by the County Risk Management Committee. Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes Motion carried. Kinney also reviewed a recommendation from the committee that all departments review their office equipment for safety. Motion was made by Supervisor Srp to sign and distribute the office equipment review memo recommended by the County Risk Management Committee. Roll Call: Hamerlinck: Yes Srp: Yes Staszewski: Yes Motion carried. 9:41 A.M. Discussion County Budget Update - County Auditor Eric Van Lancker and Budget Director Lynn Kirchhoff Kirchhoff reviewed a balance sheet she prepared for the Board of Supervisors. She mentioned the general fund will likely overspend income by approximately $500,000 to end FY15. She added the new fiscal year will start with a general fund and general supplemental fund balance of approximately $5.6 million. Supervisor Hamerlinck would like to review the overall numbers again in August when the FY15 is closed out. He said that would allow the Board of Supervisors to set budget targets to Department Heads for FY17 budgeting. Srp thanked Department Heads and Elected Officials for working with the Board of Supervisors to reach budget goals. Srp and Staszewski thanked Kirchhoff for the information and the explanations she provided. The Board of Supervisors approved the following claims be allowed and checks issued on the various funds in payment thereof: 00546 CLINTON COUNTY AUDITOR ELECTION EXPENSE 13.22 04562 ELECTION SYSTEMS & SOFTWARE, INC EQUIPMENT 359,407.50 00599 GATEWAY IMPACT COALITION GRANT 1,001.24 07961 OAK HELM PARTNERS 105 LC TAX CERTIFICATE REDEMPTION 744.00 05860 RADIO COMM CO INC OF WATERLOO, RC SYSTEMS EQUIPMENT/SOFTWARE 11,279.50 05778 STASZEWSKI, JOHN MILEAGE REIMB 128.00 03044 UNION CEMETERY ASSOCIATION SERVICEMEN'S GRAVE CARE 1,340.00 06495 WINDSTREAM IOWA COMMUNICATIONS, INC SERVICE 1,873.34 GRAND TOTAL: 375,786.80 FUND TOTALS RECAP Fund Expended 0001 GENERAL BASIC 3,341.34 0002 GENERAL SUPPLEMENTAL 359,407.50 0040 MISC. GRANTS 1,001.24 4000 EMERGENCY MANAGEMENT SERVICES 11,279.50 6108 DD 8 ALL POINTS 13.22 7300 REFUND CLEARING 744.00 GRAND TOTAL: 375,786.80 Board of Supervisors adjourned to meet on Monday, July 6, 2015. Eric Van Lancker County Auditor John F. Staszewski Chairman -APPROVED- Published: July 13, 2015.
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