Clayton County, Iowa - Board of Supervisors Minutes

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September 28, 2005

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Meeting of the Board of Supervisors at their office, 200 E. Bridge St., Elkader, IA.

Present: Robert Walke, Neil Meyer, Larry Gibbs

A public hearing was held for an ordinance restricting the location of potential sources of contamination within close proximity to public water wells within Clayton County, Iowa. No objectors were present. This ordinance is in reference to the newly constructed jail. Motion by Gibbs, seconded by Walke, to approve the second reading and waive the third reading of the proposed ordinance and adopt the ordinance # 3 -2005 “An ordinance restricting the location of potential sources of contamination within close proximity to public water wells within Clayton County, Iowa.” BE IT ENACTED BY THE BOARD OF SUPERVISORS OF CLAYTON COUNTY, IOWA:

Section 1. Purpose. The purpose of this ordinance is to regulate and restrict potential courses of contamination within 200 feet of public water wells in Clayton County, Iowa, as required by Iowa Administrative code Section 567-43.3(7)(455B).

Section 2. Regulation. No structure or facility of the type enumerated in Iowa Administrative code Section 567-43.3(7)(455B) shall be constructed, located or maintained within the distances set forth in Table A from a public water well in Clayton County, Iowa. A copy of Table A as contained in the current Iowa Administrative Code is attached to this ordinance and incorporated by reference herein.

Section 3. Repealer. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

Section 4. Severability. If any section, provision or part of this ordinance shall be adjudged 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 5. Effective date. This ordinance shall be in effect after its final passage, approval and publication as provided by law.

Public Hearings were held on September 26 and September 28, 2005.

Ayes: Walke, Meyer, Gibbs

A public hearing was held on a proposed amendment to Ordinance #1-2001

“Establishing election precincts in Clayton County, Iowa.” This amendment would consolidate the county voting precincts from 25 in number to 14. This action is highly recommended by the Iowa Secretary of State and is in reaction to the federal HAVA legislation and ADA requirements. This action will also save on future election costs. Gwen Eilers was present to discuss her concerns. Motion by Walke, seconded by Gibbs, to approve the second reading, waive the third reading and adopt the amendment.

Amendment to Ordinance # 1-2001 “Establishing election precincts in Clayton County, Iowa”. The proposed amendment would repeal the entire ordinance except its title and substitute the following election precinct names and areas:

Precinct Name	Area Description
Boardman-Highland Precinct	Boardman and Highland Townships and the City of Elkader
Buena Vista Precinct	Buena Vista Township and the City of North Buena Vista
Cass Precinct	Cass Township and the City of Strawberry Point
Clayton-Garnavillo Precinct	Clayton and Garnavillo Townships and the Cities of Clayton and Garnavillo
Cox Creek-Sperry Precinct	Cox Creek and Sperry Townships and the City of Volga
Elk-Mallory-Volga Precinct	Elk, Mallory and Volga Townships and the Cities of Elkport and Garber
Farmersburg-Wagner Precinct	Farmersburg and Wagner Townships and the Cities of St. Olaf and Farmersburg
Giard-Monona Precinct	Giard and Monona Townships and the Cities of Luana and Monona
Grand Meadow Precinct	Grand Meadow Township and the City of Postville in Clayton County
Jefferson-Millville Precinct	Jefferson and Millville Townships and the Cities of Guttenberg, Millville and Osterdock
Lodomillo Precinct	Lodomillo Township and the City of Edgewood in Clayton County
Marion Precinct	Marion Township
Mendon Precinct	Mendon Township and the Cities of Marquette and McGregor
Read Precinct	Read Township

This amendment shall be in effect after its final passage, approval and publication as provided by law.

Public hearings were held on September 26 and 28, 2005.

Ayes: Walke, Meyer, Gibbs

The board received and reviewed First Judicial District Department of Correctional Services Combined Balance Sheet of all Fund Types and Accounting Groups ending June 30, 2005.

Motion by Walke, seconded by Gibbs, to approve the petition for suspension of property taxes of Marvin Buchheit on Lot 14, N ½ Lot 15 NE NE 14-95-5 for taxes payable 2005-2006 (current fiscal year only). Ayes: Walke, Meyer, Gibbs

Motion by Gibbs, seconded by Walke, to approve a Federal Equitable Sharing Agreement with the U. S. Department of Justice for distribution of sharing funds, proceeds or property. Ayes: Walke, Meyer, Gibbs

/s/ Neil Meyer, Chairman
/s/ Dennis Freitag, County Auditor