HAMPTON CHRONICLE • SECTION A PUBLIC NOTICES WEDNESDAY, OCTOBER 8, 2014 13 PUBLIC NOTICE Revocable Trust PUBLIC NOTICE Coulter Pullet Farm PUBLIC NOTICE City of Hampton CITY OF HAMPTON SUMMARY OF RECEIPTS SEPTEMBER 2014 General .........................................$117,603.32 Band Shell ...............................................$2.83 Library.............................................$66,263.26 Pool .....................................................$810.30 Forfeiture .................................................$0.17 Road Use Tax .................................$35,575.50 Trust & Agency ...............................$38,678.89 Special Assessments........................$1,409.00 Water ..............................................$58,920.54 Sewer .............................................$60,869.02 Landfill/Compost ...............................$3,847.77 Emergency .......................................$2,931.29 T.I.F. ................................................$34,747.85 Cemetery Trust ....................................$296.91 Local Option Sales Tax ...................$33,861.44 Make A Splash! ....................................$226.20 Capital Projects (Library) .....................$200.00 Total Receipts/Deposits .............$456,244.29 Published in the Hampton Chronicle on October 8, 2014. PUBLIC NOTICE Dissolution of Marriage PUBLIC NOTICE NOTICE OF DISSOLUTION OF MARRIAGE STATE OF IOWA IOWA DISTRICT COURT COURT CASE CDDM500368 FRANKLIN COUNTY DATE PETITION FILED: Raquel Ramirez, Petitioner vs. Jaime Ernesto Encinas, Respondent TO THE ABOVE-NAMED RESPONDENT: You are notified that a petition has been filed in the office of the clerk of this court naming you as a defendant in this action, which petition prays Dissolution of Marriage. You must serve a motion or answer on or before the 28th day of October, 2014, and within a reasonable time thereafter, file your motion or answer with the Clerk of Court for FRANKLIN County, at the courthouse in Hampton, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. You are further notified that the above case has been filed in a county that utilizes electronic filing. Unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for FRANKLIN County, at the courthouse in Hampton, Iowa, judgment by default will be rendered against you for the relief demanded in the petition. Please see Iowa Court Rules Chapter 16 for information on electronic filing and Iowa Court Rules Chapter 16, division VI regarding the protection of personal information in court filings. If you require the assistance of auxiliary aids or services to participate in court because of a disibility, immediately call your district ADA coordinator at 641-424-6431. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942) (Seal) /s/ Suzan Helmke Clerk of Court Franklin County Courthouse Hampton, Iowa 50441 Date of third publication 8th day of October, 2014. Published in the Hampton Chronicle on September 24 and October 1 and 8, 2014. CONFINEMENT FEEDING OPERATION CONSTRUCTION PERMIT APPLICATION IOWA DNR MASTER MATRIX RECAP PUBLIC HEARING The Franklin County Board of Supervisors has on file an application for the construction of an animal feeding operation in Franklin County, more specifically described as follows: Name: Coulter Pullet Farm Owner: Sparboe Farms Inc, Litchfield, MN Contact Person: Mark Kellen, Sparboe Representative Location: NW¼ NW¼, Section 32, Marion Township, Franklin County. Building Description: One new poultry pullet confinement building to provide additional room for chicken pullets at an existing poultry confinement facility. Capacity After Expansion: Unchanged Boiler/ Layer Chickens averaging less than 3 pounds: 725,000. Proposed animal unit capacity: 1813. Examination: Application is on file in the Franklin County Auditor’s office and is available for public inspection during the normal working hours of 8:00AM to 4:00PM Monday through Friday. Comments: Per Iowa Code 22.2, written comments may be filed at the Franklin County Auditor’s Office addressed to the Franklin County Board of Supervisors until 4:00PM Friday, October 17, 2014. The Board of Supervisors will have a public hearing at 9:30AM on Monday, October 20, 2014 and comments will be forwarded to the Iowa Department of Natural Resources. Michelle Giddings, Franklin County Auditor and Clerk to the Board. Published in the Hampton Chronicle on October 8, 2014. TRUST NOTICE IN THE MATTER OF THE GEORGE L. BUTERBAUGH AND LUCILLE H. BUTERBAUGH REVOCABLE TRUST UNDER AGREEMENT DATED MAY 3, 2007 To All Persons regarding Lucille H. Buterbaugh, Deceased, who died on or about May 21, 2014: You are hereby notified that Steven J. Buterbaugh is the Trustee of the George L. Buterbaugh and Lucille H. Buterbaugh Revocable Trust. You are directed to contact the undersigned regarding matters relating to the administration of this trust. At this time, no probate administration is contemplated with regard to the above-referenced decedent’s estate. Any action to contest the validity of this trust must be brought in the District Court of Franklin County, Iowa, within the later to occur of four (4) months from the date of second publication of this notice or thirty (30) days from the date of mailing notice to all heirs of the decedent settler and the spouse of decedent settler whose identifies are reasonably ascertainable. Any suit not filed within this period shall be forever barred. Notice is further given that any person or entity possession and claim against the trust must mail proof of the claim to the trustee at the address listed below via certified mail, return receipt requested, by the later to occur of four (4) months from the second publication of this notice of thirty (30 days from the date of mailing of this notice if required, or the claim shall be forever barred, unless paid or otherwise satisfied Dated September 25, 2014. George L. Buterbaugh and Lucille H. Buterbaugh Revocable Trust c/o Thomas J. Houser Davis, Brown, Koehn, Shors & Roberts, PC 4201 Westown Parkway, Suite 300 West Des Moines, IA 50266 Attorneys for Trustee, Steven J. Buterbaugh Date of second publication 15th day of October, 2014. Published in the Hampton Chronicle on October 8 and 15, 2014. PUBLIC NOTICE City of Hampton HAMPTON HOUSING APPEALS BOARD OFFICIAL PROCEEDINGS UNAPPROVED MINUTES OCTOBER 1, 2014 Members Present: Ted Guldberg (Chairman), Dick Allbee, Howard Pohlman, Ron Paine, Jeff Christiansen, Doug Tarr (Secretary/Ex-Officio Member) Others Present: City Attorney Megan Rosenberg, City Manager Ron Dunt, Mayor Brook Boehmler, Councilman Dick Lukensmeyer, Chief of Police Bob Schaefer, Captain Mark Morrison Meeting was called to order at 5:30 p.m. Ex-Officio Member Doug Tarr opened the meeting explaining the history of the Board and explained that this is the Boards first time meeting since appointed in 2008. City Attorney Megan Rosenberg provided a description of the Boards duties and recommended the Board to establish a Chairperson and Secretary. Motion by Ron Paine and Seconded by Howard Pohlman to approve Ted Guldberg as Chairman, all members voted Aye. Motion by Dick Allbee and Seconded by Howard Pohlman for Doug Tarr (ex-officio member) to serve as secretary, all members voted Aye. Tarr provided the Board with recommended appeal hearing procedures that the Board reviewed and discussed with City Attorney Megan Rosenberg (see copy of proceedings attached to these minutes). Dick Allbee pointed out a clerical formality and suggested that in the procedures all references to the persons appealing be referred to as appellant and not applicant. The changes were made and the procedures were motioned to be adopted by Jeff Christiansen and Seconded by Dick Allbee and all members voted Aye. Rosenberg provided the Board information that was delivered to Heyde via personal service prior to the meeting, that was requested by Heyde via fax to City Hall earlier in the day. Ted Guldberg called Milton Heyde at approximately 5:45p.m. via telephone conference regarding Heyde’s appeal of a notice he received for rental housing violations for property he owns at 120 & 120 ½ 1st Ave. NE Hampton, Iowa on July 24th. 2014. Rosenberg read through correspondence she provided Heyde earlier in the day explaining the hearing procedures and reasons for not allowing Mr. Heyde to attend the meeting in person. Rosenberg pointed out that Heyde is being afforded this second hearing due to an error by the City in assigning the original appeal to the wrong board. Tarr provided a computer presentation of photograph evidence that was accumulated during his inspections of 120 and 120 ½ 1st. Ave. NW on the 24th of July, 2014. Tarr explained to the Board why he determined the house an Imminent Danger to occupants and ordered the structure vacated forthwith as well as pointed out numerous other violations to include water damage and broken gutters, insect infestation, unsanitary conditions, garbage, lack of handrails, broken screens and windows, and most importantly, improper and unsafe wiring. Tarr stated he brought in the Hampton Police Department and DHS to further investigate the property. Heyde was given the opportunity to address the Board. Heyde stated that the Cities actions were an overstep and no tenant was ever in danger. The Board asked questions of Tarr and Heyde. The Board discussed the matter and Ron Paine motioned to support the findings of the Hampton Code Official, Dick Allbee seconded the motion and all members of the Board voted Aye. The teleconference ended and the meeting was adjourned. The meeting adjourned at 7:03 p.m. ATTEST: Ted Guldberg, Chairman Doug Tarr, Ex-Officio Member Secretary HAMPTON HOUSING BOARD OF APPEALS (HAMPTON BOARD OF ADJUSTMENT) APPEAL HEARING PROCEDURES 1. All hearings before the Board shall be open to the public. The appellant, the appellant’s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the Board membership. 2. Only information relevant to the notice and order in question will be received. Information not relevant to the notice and order will not be admitted; if admitted and deemed to be irrelevant it shall be struck from the record. 3. Applicant’s statement of full name, address and reason for appeal. (Please keep in mind under section 111.1 the application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.) 4. Applicant may call witnesses on applicant’s behalf and bring forward factual evidence supporting the applicant’s claims relevant to the notice and order received. 5. The Board may then call upon Officer/Officer’s for information pertaining to the notice of order that is in question. 6. The Board will deliberate. 7. The Board shall then support, modify or reverse the decision of the Code Official only by a concurring vote of a majority of the total number of appointed members. 8. Minutes of the hearing will be taken and sent forward to the media for publication within a reasonable time following the hearing. CenturyLink, Phone Srv.........................230.37 Cerro Gordo Co Auditor, JV Court Srvs ............. ...........................................................3009.74 Coast to Coast Solutions, Sup...............419.50 Comm Resource Ctr, Aug Exp/Rent ......672.52 Counsel Office & Document, Maint .......252.10 Craighton Electric, Rep/Parts ..............1770.29 Thomas Craighton, Srvs ........................100.00 Cunningham-Reis Company, Srvs ...... 2111.03 Denco, Road Work ............................31086.60 Casey D Ditch, Mileage .........................169.83 Aaron M Dodd, Reimb .............................42.80 The Dog House, Srvs ..............................50.00 Dollar General, Sup .................................30.00 Duncan Heights, Care/Keep ................2736.46 Electronic Engineering, GPS/Rep ...........33.30 Fareway, Cust Sup ....................................9.49 Floyd & Leonard Auto Elec, Rep/Parts ..859.96 Force America, Rep/Parts .......................90.61 Franklin Co Dispatch, Funding ..........46200.00 Franklin Co Home Care, Srvs............11235.00 Franklin Co Sheriff, Srv Fees ................282.96 G & K Services, Shop Sup ......................11.66 GATR Truck Center, Rep/Parts .............121.97 GlaxoSmithKline Co, Medcl Sup .........6517.08 GovConnection, Data Proc ..................2016.00 Steve Graeser, Tools ...............................99.97 Veronica Guerrero, Mileage.....................29.07 Linda S Hamman, Mileage ......................51.00 Hampton Hardware, Parts/Sup..................3.84 City of Hampton, Dura-Patch Tires ........339.12 Hansen Family Hospital, Therapy .........255.00 Pamela F Harkema, Mileage .................136.68 Teresa A Harms, Mileage.......................138.72 Hawkeye West Pest Cntrl, Pest Cntrl ......55.00 Hiway Truck Equipment, Equip.......... 71116.00 Howie Equip, Rep/Parts ..........................15.50 IA Lein, Ed/Trng .....................................525.00 ICAP, Ins ..........................................170919.51 IMWCA, Work Comp ...........................8042.00 IA Comm Srvs Assn, Dues ......................50.00 ICAA, Trng .............................................650.00 Iowa Co Recorders Assn, Trng ................20.00 Iowa DOT, Ed/Trng ................................325.00 Iowa Drainage Inc, Srvs ........................376.25 IA Specialty Hosp Belmond, Srvs ..........381.85 Iowa State University, Trng ....................750.00 ISAC, Ed/Trng .......................................340.00 ISCTA, Trng .............................................50.00 Lynn G Johnson, Wk Apprl ....................178.92 Travis J Kloetzer, Wk Apprl ....................275.11 Anna Koch, Mileage ..................................7.65 Koenen Lawn Care, Srvs.......................717.52 Robin J Koob, Mileage ..........................171.87 Linn A Larson, Reimb ..............................55.75 Todd M Lindaman, Wk Apprl....................41.70 Mail Services, Renewals .......................323.23 Martin Marietta, Road Stone................1236.91 MD Products, Rep/Parts ......................7550.00 Shirley A Mejia, Mileage ..........................21.93 Mid-America Publishing, Pub/Notices/Ad .......... .............................................................217.07 Midland Power, Util ..................................15.41 Cyndi Miller, Mileage .............................170.34 Debra A Miller, Mileage ............................57.12 NACo, Dues...........................................450.00 NAPA, Rep/Parts ...................................384.84 Barb Noss, Mileage ...............................129.03 Office Elements, Maint/Sup ...................285.95 Overhead Door, Rep/Parts ....................120.00 Petroblend Corp, Lubricants ................2513.89 Pitney Bowes, Qrtly Pstg .......................512.19 Jerry L Plagge, Comm .............................75.00 Quill Corp, Off Sup ..................................55.99 Ramsey Badre & Assoc, Prof Srv ........3750.00 Redneck, Rep/Parts ................................28.98 Reliable, Off Sup .....................................63.43 Rognes Bros Excavating, Srvs ..........19077.96 Jessica M Rother, Mileage ....................187.36 Marla L Schipper, Mileage .....................147.90 Secondary Rds, Fuel ...............................65.34 Shred Right, Shredding ...........................41.60 Jill Silver, Mileage ....................................26.52 Solutions, Sftwr Rnwl.............................204.00 Staples Advantage, Off Sup ....................80.94 Staples Credit, Off Sup ..........................391.29 Stericycle Inc, Srvs ..................................21.82 Sunset Law Enforcement, Ammo ..........631.20 TSP Court Reporting, Depositions ..........28.10 Terry & Sandra Tull, Rent ......................300.00 US Cellular, Cell Srv ..............................457.28 USPS, Pstg............................................238.00 Verizon Wireless, Cell/WiFi ...................242.51 VISA, Sup/Trng ......................................254.46 Wex Bank, Fuel .......................................75.65 Daniel F Wiechmann Jr, Rent ................716.00 Diana L Wilkinson, Mileage .....................55.08 Toni Wilkinson, Mileage .........................128.01 Jeanne Wogen, Mileage ..........................48.45 Renee Zimmerman, Mileage ...................61.20 GRAND TOTAL ...............................424005.54 Published in the Hampton Chronicle on October 8, 2014. PUBLIC NOTICE Franklin County Board of Supervisors OFFICIAL PROCEEDINGS UNAPPROVED MINUTES BOARD OF SUPERVISORS SEPTEMBER 29, 2014 Be it duly noted these minutes of 9/29/14 are UNOFFICIAL minutes. The Board of Supervisors met in regular session at 8:30AM with Board members Jerry L. Plagge-Chairman, Michael Nolte and Corey Eberling present. Guests: Nick Pedley-Hampton Chronicle, Gary McVicker Motion by Nolte, seconded by Eberling, approves the agenda as submitted with one addition 1) Add to Community Resource Center office space discussion possible closed session to discuss a possible purchase of property for office space. All ayes, motion carried. Motion by Eberling, seconded by Nolte, approves the minutes of 9/22/14. All ayes. Motion carried. Committee updates: Board of Health meeting with concerns regarding the Sanitarian; Emergency Management Commission; Franklin County Development; Second Judicial District; and Courthouse Security Committee Motion by Eberling, seconded by Nolte, approves a Road Closure on 140th Street between Dogwood Avenue and Eagle Avenue closed September 22, 2014 for a cross-road pipe repair. All ayes, motion carried. Motion by Nolte, seconded by Eberling, approves Franklin County Secondary Road Department Application to Perform Work within Franklin County Highway Right-of-way for Elaine Reinke to explore and repair tile in the N ½ NE ¼, Section 23-90-20 (Grant Township) along Raven Avenue. All ayes, motion carried. Motion by Eberling, seconded by Nolte, opens at 9:30 AM a Public Hearing to hear comments on a new Confinement Feeding Operation Construction Permit to Tri B Farms #1, owner Tri B Farms LLC, Dows, to increase animal numbers only-no new construction at existing confinement, Number of head 5,440, animal unit capacity 2176, site located NE ¼ SW ¼, Sec 30, Hamilton Twp. All ayes, motion carried. Present was: Earl Kalkwarf-Sanitarian, Ryan Tripp, Brent Tripp and Becky Sexton-Christensen Farms No construction is planned only increase in number of head. Motion by Nolte, seconded by Eberling, closes Public Hearing at 9:35 AM. All ayes, motion carried. Motion by Nolte, seconded by Eberling, accepts and approves the Construction Permit for a new Confinement Feeding Operation Construction Permit to Tri B Farms #1, owner Tri B Farms LLC, Dows, to increase animal numbers only-no new construction at existing confinement, number of head 5,440, animal unit capacity 2176, site located NE ¼ SW ¼, Sec 30, Hamilton Twp. All ayes, motion carried. Motion by Nolte, seconded by Eberling, opens at 9:40 AM a Public Hearing to hear comments on a new Confinement Feeding Operation Construction Permit to Tri B Farms #2, owner Tri B Farms LLC, Dows, to expand one 201’ x 10’ x 8’ deep pit swine confinement finishing barn at an existing site located in NE ¼ NW ¼, Sec 30, Hamilton Twp. All ayes, motion carried. Present was: Earl Kalkwarf-Sanitarian, Ryan Tripp, Brent Tripp and Becky Sexton-Christensen Farms Sanitarian reported the site survey was completed and all distances have been met. Motion by Nolte, seconded by Eberling, closes Public Hearing at 9:43 AM. All ayes, motion carried. Motion by Nolte, seconded by Eberling, accepts and approves a new Confinement Feeding Operation Construction Permit to Tri B Farms #2, owner Tri B Farms LLC, Dows, to expand one 201’ x 10’ x 8’ deep pit swine confinement finishing barn at an existing site located in NE ¼ NW ¼, Sec 30, Hamilton Twp. All ayes, motion carried. Motion by Nolte, seconded by Eberling, opens at 9:50 AM a Public Hearing to hear comments on a new Confinement Feeding Operation Construction Permit to Tri B Farms #3, owner Tri B Farms LLC, Dows, to increase animal numbers only-no new construction at existing confinement. Number of head 5440, animal unit capacity 2176, site located SE ¼ SE ¼, Sec 30 Hamilton Twp. All ayes, motion carried. Present was: Earl Kalkwarf-Sanitarian, Ryan Tripp, Brent Tripp and Becky Sexton-Christensen Farms No discussion. Motion by Nolte, seconded by Eberling, closes Public Hearing at 9:52 AM. All ayes, motion carried. Motion by Nolte, seconded by Eberling, accepts and approves a new Confinement Feeding Operation Construction Permit to Tri B Farms #3, owner Tri B Farms LLC, Dows, to increase animal numbers only-no new construction at existing confinement. Number of head 5440, animal unit capacity 2176, site located SE ¼ SE ¼, Sec 30, Hamilton Twp. All ayes, motion carried. At 10:00 AM Larry Richtsmeier, Sheriff, met to update the Board on the Sheriff’s department. No action taken. Motion by Nolte, seconded by Eberling, adopts Resolution 2014-25: Proclamation Supporting National Manufacturing Day on October 4, 2014. Said Resolution 2014-25 reads as follows: A PROCLAMATION SUPPORTING NATIONAL MANUFACTURING DAY ON OCTOBER 4, 2014. WHEREAS, manufacturing makes a significant contribution to the national, state and local economy, and WHEREAS, manufacturing provides good employment opportunities and careers for skilled workers; and WHEREAS, our community is fortunate to be the home of many great manufacturing companies, and WHEREAS, our community’s manufacturing companies are vitally important to the prosperity of Franklin County, and NOW, THEREFORE, the Franklin County Board of supervisors, do hereby proclaim October 4, 2014, as National Manufacturing Day. We urge all citizens to join in recognizing the value of manufacturers and the importance they serve in our community. ADOPTED this 29th day of September 2014 with the vote thereon being as follows: Eberling-Aye, Nolte-Aye, Plagge-Aye Resolution adopted. Discuss Holmes Murphy & Associates, Inc. Consulting Agreement to provide knowledge and expertise in assisting employers with designing and servicing employee benefit plans. The Board will review and determine if RFPs are warranted. No action taken. The Board agreed to transfer $100,000 budgeted funds to Franklin County Home Care. Community Resource Center office space. New locations and the possible purchase of property were discussed to house county organizations or state offices. No action taken. Motion by Eberling, seconded by Nolte, approves claims for period ending 9/28/14. All ayes, motion carried. The Board acknowledged Access, Inc. Annual Report for FY13/14. The Board acknowledged Franklin County Environmental Health & Weed Commissioner Report 7/22/14 through 9/22/14. The Board acknowledged a Rock Island Clean Line letter to County Auditor on September 16, 2014. The Board acknowledged Manure Management Plan Renewals for: 1) Warbler, #61522, owners Carl & Dean Heeren, site located 2311 170th St, Hampton, Sec 23, Ingham Township 2) Duit, #57749, owner Steve Stockdale/Consolidated Services, site located 692 Lemon Ave, Iowa Falls, Sec 1, Lee Township 3) P&R Pigs #2, #62511, owners Ronald & Phylis Krukow, site located 675 Killdeer Ave, Hampton, Sec 2, Lee Township 4) DLM Farms Inc, #58717, owner DLM Farms Inc, site located 856 40th St, Alden, Sec 20, Lee Township 5) Oakland 10, #67910, owner Summit Pork I LLP, site located 553 Dogwood Ave, Dows, Sec 10, Oakland Township 6) Geneva, #59663, owner Reedco Ent, site located 682 Thrush Ave, Geneva, Sec 6, Osceola Township 7) B&S Site 3, #64431, owner B&S Farm Corp, site located 2359 Finch Ave, Thornton, Sec 12, Wisner Township 8) Meyer Finisher, #64430, owner Sonrise Pork, site located 2145 Finch Ave, Hampton, Sec 24, Wisner Township 9) M&M Construction, #64429, owner Dennis Brocka, site located 10561 170th St, Dumont, Sec 6, Pittsford Township, Butler County. Motion by Nolte, seconded by Eberling, adjourns at 10:50 AM, until 10/6/2014. All ayes. Motion carried. ATTEST: Jerry L. Plagge, Chairman Michelle S. Giddings, Auditor & Clerk to Board ACCO Brands Direct, Sup .......................81.47 Advanced Drainage Systems, Sup ........130.00 Alliant Energy, Util ................................201.20 Aramark Uniform, Clng Srv......................60.27 JoEllen Arends, Mileage ..........................95.37 ASCE MEMBERSHIP, Dues..................245.00 Baker Group, Srv Agrmnt ....................5534.00 Bibby Financial Srvs, Sup......................196.80 Brenda Boyington, Mileage ...................131.07 CDW Government, Data Proc Exp ........347.08 Central IA Case Mgmt, Srvs Mgmt ......9364.00 Published in the Hampton Chronicle on October 8, 2014.
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