1. law, govt and politics

HAMPTON CHRONICLE • SECTION B
PUBLIC NOTICE
WEDNESDAY, NOVEMBER 5, 2014
5
PUBLIC NOTICE
Probate
NOTICE OF PROBATE OF WILL,
OF APPOINTMENT OF EXECUTOR AND
NOTICE TO CREDITORS
PROBATE NO. ESPR500878
THE IOWA DISTRICT COURT FRANKLIN
COUNTY
IN THE ESTATE OF RANDAL E. NELSON,
Deceased.
To All Persons Interested in the Estate of Randal E. Nelson, Deceased, who died on or about
September 1, 2014:
You are hereby notified that on the 24th day of
October, 2014, the last will and testament of
Randal E. Nelson, deceased, bearing date of
the 30th day of December, 2005, was admitted
to probate in the above named court and that
Gary R. Nelson 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 therefore after forever barred.
Dated this 24th day of October, 2014.
Gary R. Nelson
405 Johnston Street
Sheffield, IA 50475
Executor of Estate
Randy D. Johansen
Attorney for Executor
1562 200th St.
Sheffield, Iowa 50475
Date of second publication 12th day of November, 2014.
Published in the Hampton Chronicle on November 5 and 12, 2014.
PUBLIC NOTICE
Board of Supervisors
OFFICIAL PROCEEDINGS
FRANKLIN COUNTY
BOARD OF SUPERVISORS
UNAPPROVED MINUTES
OCTOBER 27, 2014
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: Ty Eberling, Nick Pedley-Hampton
Chronicle
Motion by Nolte, seconded by Eberling, approves the agenda as submitted. All ayes, motion carried.
Motion by Eberling, seconded by Nolte, approves the minutes of 10/20/14. All ayes. Motion
carried.
Committee Updates: 1) Report of LEC front entrance sidewalk rust due to recent roofing project; 2) Mason City Glass will reduce a billing by
$60 for the glass tinting at the LEC.
Motion by Nolte, seconded by Eberling, adopts
Resolution 2014-29: Increasing the Treasurer’s
appropriation in FY14/15 Budget from 90% to
100%. Present was: Chad Murray-Treasurer.
The Board stated, when implemented, this was
not a budget cut just a reduction in appropriation. Said Resolution reads as follows:
RESOLUTION 2014-29: Authorizing Appropriations to County Treasurer’s Office from 90% to
100% for FY2014/2015
NOW, THEREFORE BE IT RESOLVED, the
Franklin County Board of Supervisors agree to
appropriate 100% of the budgeted amounts for
expenditures deemed necessary to the County
Treasurer’s Funds/Departments, FY2014/2015
based on the Notice of Public Hearing-Budget
Estimate published on February 24, 2014.
RESOLUTION ADOPTED this 27th day of
October, 2014, with the vote thereon being as
follows:
Eberling-Aye, Nolte-Aye, Plagge-Aye. Resolution duly adopted.
Christa Wiarda-Public Health Director met to
update the Board on the Public Health Nurse’s
department and request for a transfer of budgeted funds.
Motion by Nolte, seconded by Eberling, approves transferring $90,000 of FY14/15 budgeted funds from General Basic Fund to Public
Health Fund. All ayes, motion carried.
Kathy Stanbrough, Abbott Realty, met to present a counter offer of $30,000 to the Board for
the purchase of property located at 302 5th Ave
NE, fka The Gospel Hall.
Motion by Nolte, seconded by Eberling, accepts the $30,000 counter offer from the owners of The Gospel Hall, located at 302 5th Ave
NE. If accepted the property will serve County
programs and the Food Pantry. All ayes, motion
carried.
Don Reffer, B&W Control Specialists, Algona,
Iowa met with the Board and turned in a quote
for Drainage District spraying in Franklin County.
Motion by Nolte, seconded by Eberling, accepts the quote from Don Reffer, B&W Control
Specialists, Algona, Iowa for the inspection of
the ditches and maximum costs to complete
each District for tree and brush control. Said
brush control will take place the spring of 2015.
District #.................................................... Cost
JDD #86-31-1 ....................................$1000.00
DD #10 ..............................................$5500.00
DD #55 ..............................................$1000.00
DD #3 ................................................$5500.00
DD #48 ..............................................$2500.00
(Includes Willows over tile on N end (foliar
spring 2015 on N end)
DD #57 ..............................................$4500.00
DD #83 ..............................................$3500.00
(foliar spring 2015 on W end)
DD #79 .......................................... $NO NEED
DD #2 ................................................$3500.00
DD #78 ..............................................$1500.00
DD #66 ..............................................$1500.00
DD #6 ................................................$3000.00
DD #6/L-1 ..........................................$1000.00
DD #6/L-2 ............................................$250.00
DD #6/L-3 ............................................$250.00
DD #30 ..............................................$3500.00
DD #4 ............................................ $NO NEED
DD #18 .......................................... $NO NEED
DD #4-118 .........................................$1000.00
All ayes. Motion carried.
Tom Birdsell-Castle Dick & Kelch met to explain
the County’s Renewal Premium Breakdown for
liability insurance for FY 14/15 with ICAP Insurance. No action taken.
Tom Porter-Head Custodian met with snow removal bids for County buildings and Courthouse
duct work cleaning. He requested the Board to
move on one or more of the bids.
Three bids were received for snow removal
for the winter of 14/15: Butson Snow Removal,
Marshall Construction and Spring Creek.
Motion by Eberling, seconded by Nolte, awards
snow removal for the winter of 14/15 to the following companies: Spring Creek Company-Dick
Lukensmeyer –Gospel Hall property on Tuesday and Thursdays and other days at the discretion of the Head Custodian and Courthouse
when needed; Marshall Construction - LEC and
CRC parking lots when needed. All ayes. Motion
carried.
Motion by Nolte, seconded by Eberling, tables
the duct work cleaning project and agrees to try
another alternative running boiler two to three
nights a week throughout the summer months
to dry out the vents and see if this will solve the
problems of dampness throughout the Courthouse. All ayes, motion carried.
At 10:30 AM Becky Sexton, Twin Lakes Environmental Services, and Ryan Tripp, Tri-B
Farms, were present to request the Board waive
the 14 day waiting period for the Issuance of Notice of Intent to Issue a Construction Permit to
Tri B Farms Site #1.
Motion by Eberling, seconded by Nolte, adopts
Resolution 2014-28: Waiver to appeal the 14
day waiting period for the Issuance of Notice
of Intent to Issue a Construction Permit to Tri B
Farms Site #1 Facility ID #63210, Site #2 Facility ID 63974 and Site #3 Facility ID 66701 Franklin County. No objections were received on any
plans. Said Resolution reads as follows:
APPROVAL OF WAIVER OF FRANKLIN
COUNTY’S RIGHT TO APPEAL ISSUANCE
OF THE FINAL CONSTRUCTIONPERMIT
FOR THE CONSTRUCTION OF CONFINED
ANIMAL FEEDING OPERATION BY THE IOWA
DEPARTMENT OF NATURAL RESOURCES.
BE IT RESOLVED by the Franklin County
Board of Supervisors as follows:
Section 1. The Franklin County Board of Supervisors has received notice from the Iowa Department of Natural Resources (DNR) that Tri B Site
#1; Facility ID # 63210, Site #2 Facility ID 63974
and Site #3 Facility ID 66701 has been issued
a draft permit for the construction of a confined
animal feeding operation building in the NE ¼
SW ¼, Section 30, Hamilton Township, in unincorporated Franklin County.
Section 2. The Franklin County Board of Supervisors reviewed the construction permit application and the manure management plan and
determined that both appeared to be in compliance with the requirements of the Master Matrix,
Iowa Code Section 459 and Iowa DNR rules and
recommended approval of said application on
October 27, 2014.
Section 3. The Franklin County Board of Supervisors hereby waives its right to appeal the
issuance of the final permit within the fourteen
(14) day limit from the time of receipt of the Notice of Intent to Issue a Permit.
Section 4. The Franklin County Board of Supervisors encourages the Iowa DNR to issue
the final permit immediately upon notification of
this waiver.
Section 5. The Franklin County Board of Supervisors authorizes the Board Chairman to notify
the Iowa DNR of this waiver.
Section 6. This Resolution shall take effect immediately.
PASSED AND ADOPTED this 27th day of October, 2014.
Eberling-Aye, Nolte-Aye, Plagge-Aye. Resolution duly adopted.
Motion by Nolte, seconded by Eberling, approves an Application to Work in County Highway Right of Way for Ed Dannen to clean the
west road ditch along Lark Avenue in the NE ¼,
Section 14, Richland Township between 230th
and 240th Streets. All ayes, motion carried.
At 10:45 AM Jay Waddingham, County Engineer presented the Board with the William Stuck
gravel and drainage matters. Present was: William Stuck and Brent Symens, County Attorney.
The County Attorney stated the liability issue
should be addressed to the County’s liability
insurance carrier, ICAP, regarding the drainage
matters. Upon their observation, both problems
may take care of themselves. Bring the insurance company adjuster on board and let them
proceed with an investigation.
The Board directed the County Engineer to
contact the County’s insurance carrier of the
situation and the insurance company needs to
begin their strategy. An adjuster will contact Mr.
Stuck and County Engineer and will determine
how the Board should proceed with the situation. No action taken.
Jason Gooder-Conservation Director met to
get direction from the Board on the Robinson
PUBLIC NOTICE
Sheriff’s Levy and Sale
Property – Tax Abatement matter. The Board
stated that Conservation pay the delinquent taxes due, based on the Robinson Estate Attorney,
Art Cady that the estate is short of funds.
Motion by Eberling, seconded by Nolte, denies
Conservation’s request for abatement on Robinson Property taxes due; advising Conservation
to pay them. The Board is trying to be consistent
with all requests in matters like this. All ayes.
Motion carried.
At 11:15 AM Larry Richtsmeier-Sheriff met to
update the Board on the Sheriff’s department.
No action taken.
At 11:30 AM Gabe Johanns-IT Director met
to update the Board on the IT department. No
action taken.
Motion by Eberling, seconded by Nolte, approves claims for the period ending 10/26/14.
All ayes, motion carried.
The Board acknowledged Manure Management Plan Renewals for: 1) SOG Enterprises
LLC, #64419, owner SOG Enterprises LLC, site
located County Rd D15, Ackley, Sec 16, Etna
Township, Hardin County
Motion by Eberling, seconded by Nolte, adjourns at 11:45 AM, until 11/3/14. All ayes. Motion carried.
ATTEST:
Jerry L. Plagge, Chairman
Michelle S. Giddings, Auditor & Clerk to Board
A & M Electric, Rep/Parts ......................852.30
Alliant Energy, Util .................................239.40
Aramark Uniform, Clng Srv......................12.86
JoEllen K Arends, Mileage.....................128.52
Wayne E Arthur, Srvs ..............................65.00
Bell’s Fire Stop, Ext Srv .........................334.00
Bibby Financial Srvs, Sup......................876.51
Boone Co Sheriff, Srv Fees .....................69.10
Brenda L Boyington, Mileage ................177.48
CDW Government, Data Proc Exp ........509.78
Central IA Detention, JV Detention ..........30.00
CenturyLink, Phone Srv.............................4.57
Class C Solutions Group, Sup ...............544.32
Ashley Claussen, Mileage ..................... 111.18
Comm Resource Ctr, Sep Exp ..............162.16
Counsel Office & Document, Maint .........96.59
Thomas A Craighton, Reimb......................9.00
Casey D Ditch, Mileage .........................116.28
The Dog House, Srvs ..............................50.00
Dollar General, Sup .................................55.60
Don’s Truck Sales, Rep/Parts..............1157.96
Duncan Heights, Care/Keep ................5348.26
Sandy Eckhardt, Trng ............................503.86
Fastenal Co, Rep/Parts .........................113.50
Franklin Co Sheriff, Srv Fees ..................15.00
Franklin General Hospital, Rent ..........1500.00
Franklin REC, Util ................................1245.48
G & K Services, Shop Sup ......................49.46
GATR Truck Center, Rep/Parts ...............31.26
Michelle S Giddings, Comm Reimb .......125.00
GovConnection, Data Proc ....................254.64
Jodi Hamilton, Mileage ............................70.89
Linda S Hamman, Mileage ....................100.47
Hampton Hardware, Parts/Sup................10.74
Hampton Heating, Rep/Parts.................232.25
Hardin Co Auditor, Shared GIS..........19368.69
Pamela F Harkema, Mileage .................126.48
Teresa A Harms, Mileage.......................109.14
Hawkeye West Pest Cntrl, Pest Cntrl ....100.00
Heartland Asphalt, Const Srvs...........10520.23
Henry M Adkins & Son, Elect Sup .........120.53
Thomas L Hovland, Storage ....................50.00
Howie Equip, Rep/Parts ..........................52.49
Iowa Division of Labor Srv, Inspection.....80.00
Iowa Workforce Dvlp, Unemplymnt .......282.63
ISAC, Ed/Trng .......................................170.00
John Deere Financial, Rep/Parts...............5.95
Johnson Sanitary Products, Cust Sup .....80.08
Deborah Jones, Mileage..........................81.60
Robin J Koob, Mileage ..........................210.63
Liberty Tire Recycling, Recycling...........885.93
Mail Services, Renewals .......................290.42
Mason City Clinic, Care/Keep..................65.00
Mason City Glass, Rep/Parts ..............2065.50
MD Products, Rep/Parts ......................2635.00
Shirley A Mejia, Mileage ..........................90.78
Menards, Sup ........................................249.80
Mid American Energy, Util ...................1421.47
Mid Tech Services Inc, Eng Sup ..............59.20
Midland Power, Util ..................................15.79
Midwest Pipe, Pipe ..................................41.75
Cyndi Miller, Mileage .............................132.60
Debra A Miller, Mileage ............................71.40
Mort’s Inc, Services .............................1488.85
Murphy’s Htg & Plmbg, Rep/Parts .........324.15
NIACC, Ed/Trng .......................................20.00
Barb Noss, Mileage ...............................183.09
Office Elements, Maint ..........................208.62
Overhead Door, Rep/Parts ....................471.30
Pakor Inc, Photo Sup.............................232.04
Pitney Bowes, Pstg Sup ........................104.53
Thomas L Porter, Sup ..............................28.25
Julie M Pralle, Mileage ............................70.38
Quill Corp, Off Sup ................................869.72
Radar Road Tec, Radar Cert .................280.00
Reliable, Off Sup ...................................130.31
Reminder Printing, Ads ..........................424.80
Rick’s Pharmacy, Med Sup ......................50.42
Vicky Riebkes, Mileage .............................6.12
Rognes Bros Excavating, Srvs ..........99782.49
Candila Schickel, Legal Rep..................108.00
Marla L Schipper, Mileage .....................200.94
Scott Printing & Design, Sup .................231.65
Secondary Rds, Fuel ...............................63.00
Paige D Seidel, Off Sup...........................78.70
Shell Fleet Plus, Fuel.............................963.64
Jill Silver, Mileage ....................................50.49
Staples Advantage, Off Sup ................1307.31
Staples Credit, Off Sup ..........................333.22
Jennifer A Swart, Mileage ........................74.46
Brent J Symens, Rent..............................75.00
Warner Plastics & Liners, Rep/Parts ...1915.00
Christa L Wiarda, Mileage .......................12.24
Daniel F Wiechmann Jr, Rent ................716.00
Diana L Wilkinson, Mileage .....................60.18
Jeanne Wogen, Mileage ..........................75.99
Woodbury County Sheriff, Srv Fees ..........4.60
Ziegler Inc, Rep/Parts ......................177221.86
Renee Zimmerman, Mileage ...................35.70
GRAND TOTAL ...............................342789.56
Published in the Hampton Chronicle on November 5, 2014.
SHEPUBLIC NOTICE
NOTICE OF SHERIFF’S LEVY AND SALE
STATE OF IOWA
IOWA DISTRICT COURT
COURT CASE EQCV501133
FRANKLIN COUNTY
SPECIAL EXECUTION
Wells Fargo Bank, N.A., Plaintiff
vs.
Estate of Tom Fryett; Betty Lou Lohrbach
Fryett; Becky J. Lohrbach, as Executor; Paul
Fryett; Spouse of Paul Fryett; Beatrice Helen
Fryett; Spouse of Beatrice Helen Fryett; Jack
Thomson and Valerie Thomson; State of Iowa;
Estate Recovery Program and all Known and
Unknown Claimants and all Persons Known or
Unknown Claiming any Right, Title or Interest
and all of Their Heirs, Spouses, Assigns, Grantees, Legatees, Devisees and all Beneficiaries
of Each and all of the above-named Defendants
– IN REM, Defendants
As a result of the judgment rendered in the
above referenced court case, an execution was
issued by the court to the Sheriff of this county.
The execution ordered the sale of defendants
Real Estate to satisfy the judgment. The property to be sold is described below:
A tract of land in the Southwest quarter (SW
1/4) of Section 36, Township 93 North, Range
19, West of the 5th P.M., commencing at the
Southwest Corner of said Section 36, thence
North along the West line of said Southwest
Quarter 636.5 feet to the point of beginning,
thence continuing North 510.5 feet, thence East
256.0 feet, thence South 510.5 feet, thence
West 256.0 feet to the point of beginning, Franklin County, Iowa
Local Address: 1935 Yarrow Avenue, Aredale,
Iowa
The described property will be offered for sale
at public auction for cash only as follows:
Date of Sale: 12-3-14
Time of Sale: 10:00 a.m.
Place of Sale: Front door of Sheriff’s office in
Hampton, Iowa
Redemption: Two Months
Damages Amount: $18,112.00
Costs: $2,640.00
Accruing Costs: PLUS
Interest: 1.6% from 4-14-14 = $185.78 +
$2,547.37 = $2,733.15
Attorney: David M. Erickson
215 10th Street, Suite 1300
Des Moines, IA 50309
515-288-2500
Date: October 27, 2014
Sheriff Larry Richtsmeier
Franklin County, Iowa
Deputy:
/s/Cheryl Crandall
Published in the Hampton Chronicle on November 5 and 12, 2014.