Board of Supervisor - Regular Meeting

Good morning and welcome on this beautiful fall day here in Dickinson County. We're going to start out today with the public hearing on recommendation from the Planning and Zoning Committee. Megan?

All right, so landscaping, Article 23 of the Lakeshore property. Basically, if you'll recall, the fee schedule was updated last year to not only reflect the time and effort that goes into processing applications, but also the fact that the fee schedule had not been addressed since the early 2000s. As a part of that process, we also identified several sections within the zoning ordinance that specify an exact dollar amount for certain fees. We are currently working to update that language so that if the fees need to be adjusted in the future, the county will not have to amend each ordinance each time a scheduled fee changes. Which brings us to today's amendment. The current language in Section 5 of Article 23, Fees, states that the application shall be accompanied by a non-refundable application fee in the amount of $50 plus $2 per $100 of estimated cost of improvements covered by the permit but not exceed the amount of $300. The proposed language is now the application shall be accompanied by a non-refundable application fee in the amount of the $50 plus $2 per $100 of estimated cost of improvements covered by the fee, but not to exceed the amount set by the most current fee schedule by resolution from the Board of Supervisors. So the proposed amendment does not change the method used to calculate the fees. The maximum fee that you all set last year was $600. and is consistent with the current fee schedule. So the additional language allows us the flexibility in the future to update fee scheduling without having to update every individual article. The Planning and Zoning Commission did vote 6-0 on July 20th to recommend approval to you all for this change. And keep in mind, this is just addressing, we only address landscaping on the Lakeshore Bank. Anything outside and beyond that, we do not. And someone would have to, so any greater evaluation than $27,500 would require the max permit fee. So we're not penalizing the folks that are just doing a small terrace or a fire pit or some minimal landscaping by taxing them with a $600 fee. It would have to be something a bit more substantial. are these on new builds or everything this would be on a new landscaping application so any landscaping application that comes in to me so yes anything new that they're like I said terracing new steps um rain gardens the walls are falling over and they need to redo those and redo the drainage behind them um that's what this landscaping ordinance addresses

on the lake shore bank on the lake shore any questions gentlemen got 11 minutes more assigned to this subject so I did have Kendra come early so she could talk about item number five in between Well, first, I think we better vote on this, won't you?

Yeah. Close it first.

Close public hearing.

Close public hearing.

Yeah. Thank you. Okay. We will now close. Does the public have anything to say on this? Okay. Therefore, I will close the public hearing and ask for a motion from the board, aye or nay. I'll make that motion that we approve the

the fee schedule and change it so that it says set by most current fees scheduled by resolution from the Board of Supervisors.

Very good. Mr. Clark moves. I'll second. Mr. Dullard seconds. Further discussion? Hearing none, Mr. Clark? Aye. Mr. Dullard? Aye. Levi? Aye. Kim? Aye. And Bill Cox? Okay. Since we've got 10 minutes left, let's go on down to item number five, Dickinson County Driver's License Station Motorcycle Drive.

Good morning, board, and I still think it's summer. Anyway, our driver's license station is The deputy from that station is Kendra Clayton, who's here, and she had come to me with an idea for motorcycle drive testing, which we don't presently do. We've researched it a little bit in the past. We had no place to do it, but she actually drives a motorcycle. She has a license for it. And there's a number of people have come to our station and wanted to get a driver's test. So they could be issued that on their licenses so it's revenue that we'd be able to capture because right now they go wherever they can find a place to do the testing and then they immediately get their license issue, you can get that dollar seven dollars to keep the state. capture a little bit more because a lot of them are coming in from out of county i'm going to tend to pull together a PowerPoint she's got a little bit of information, the costs are very, very, very minimal. So we'll talk about that.

Yeah, and as Chris said, my name is Kendra Clayton. I'm the deputy here for Dickinson County. I do drive a motorcycle, but not that I'm passionate about motorcycles. The reason behind this, as she said, is we've had several customers ask us if we ever have the ability to do a skills test. Because currently, we'd offer the knowledge test, but to go and do the skills test, they would have to go to a state location. Closest state location is either Fort Dodge or Sioux City, or they could go to another county office that offers it. The local county offices would be Lyon County, Kasuk County, or O'Brien. So it's still at least a 45 minute to an hour drive to go and do the skills test with them starting at nine o'clock in the morning. And then two, we often run into our customers will get all the way over there and we can't do the test if it's raining. So they'll go that hour drive over there, find out it's raining in Ogona and have to turn around and come home. So the benefit of this would be to serve our customers. If you want to flip through the slides there. So like I said, that's offers, that's the other counties that offer the testing. Another option that customers can do is an abate course. Abate course is offered here at Indian Motorcycle. The only downfall to it is it's a both Saturday and a Sunday from 8 a.m. to 3 p.m. I know for a lot of family schedules, that would mean missing kids' ball games. and events like that. So abate is not ideal for everybody. We're having it locally would really benefit our customers. And then again, benefit as Chris said to provide a service that we currently don't offer, we would get revenue for it as well. And to my hope is to offer it on a different day of the week than the surrounding counties. That way to it gives one more option for people to accommodate to their work schedules. proposal so the location i've done some calls to see if we could do it in the city streets some different parking lots did some testing and from right now what i think the best location would be in the southwest corner of the west parking lot My hope would be that we would just cone it off Thursday night and then I'd ask people not to park in that corner. Currently, the only people that park there are the engineer's office and the driver's license office. So as far as moving cars, there would be only a few cars, but our parking lot is still large enough that it'll provide plenty of parking throughout. My hope is to offer it Fridays at 9 a.m. And depending upon need, we could even offer it 2.30 in the afternoon once we get going. But my hope would only be Fridays, as the other counties in the area are Wednesdays and Tuesdays and Thursdays. So nobody currently offers Friday. And a lot of the factories around here are closed on Friday. So with work schedules, Friday would be a great day to accommodate, plus with us being a vacation area. people come here and vacation on the weekends. So having it open on Fridays would help a lot of people as well. Cost. There is no cost for training me to do the test, anything like that. The only cost would be a few traffic cones and the cost of the paint. And then, like Chris said, we would get revenue from it though. So for every issuance, we're guaranteed $7. If they're out of county, we would get an additional $10. So revenue there. Here is the proposed. Todd Wee in the engineer's office helped come up with this in his CAD system. So in the corner there, you can see what the painted lines would look like. Colors will vary from what will appear good and well in our parking lot. But that is kind of what the course would look like. And again, that would be in the corner of the parking lot there. Next screen is zoomed in. So as I said, Todd, we in the engineer's office, he already has it in his system. So putting it onto the parking lot would be nice and easy. And that last thing here. So training and timeline, there's no cost for the training. I've already actually completed the training since there wasn't a cost to it. And so next steps, if it is approved today, it would be getting the parking lot painted and then having the state come and audit me, do a drive, giving a drive test. We don't need those ones are just in case they have questions what the other counties look like. So there's kind of the proposal. Any questions? We've done lots of research, so hopefully I have all the answers.

Would people be able to park there on other days outside of Friday?

Yes, absolutely. And it would not interfere with the yellow lines. We would do a different color so people could still park there throughout the week. And it would only be closed for that hour on Friday morning for the testing.

Excellent. I know because when courts in session, our parking lot is pretty full.

And the testing would be on a scheduled basis. So if there was court, we could even not do testing that day because we wouldn't be able to do testing if it's raining. And so we would put it out there that you need to call to schedule. And if our parking lot would not be available, we could say the testing's not available for that day.

I see our sheriff is in the audience. Do you have anything to say on this? He realized that he had to travel that far to begin endorsement.

Your office responsible for putting out the phones, picking up the cones, and making sure the parking lot's clear again?

Yes. And that's common across the county once in a while for this if staff handled combs, which is not a big deal. It's like maybe six combs. They're pretty light. We also checked into insurance if that was going to be an issue. And it is not an issue. It's similar to like we do the car drives. And we don't require extra insurance for the county for that. I checked across the whole state of Iowa. We checked with DOT. No county that does this has ever add insurance to their coverage the insurance responsibility is to the person doing the drive test they have to wear a helmet they have to dress appropriately they have to bring their registration and their driver's license and they have to show us that they have done some training so that the insurance is on them they have to show us their insurance too so it's on them not us and that's the same thing as the driver's test for all cars is there an official distance your phones would be put apart

Yes, and on the one, that's what the dots are in the one example. I don't know if you guys got the sheets of paper. On the back two, it would have, I think I put a picture on your handout, maybe it was emailed out to you, but on the back two has the picture and that has all those dots is where the cones would be. Because this would offer for two-wheel and three-wheel motorcycle. And so I could do the test even on the same day and it's just a switch of two cones.

But when I took my motorcycle class, the instructor said that the official course, the cones are too close together for your larger motorcycles to get through. I was wondering if you were going to stretch it out a little.

They have accommodated for that over the year. They've changed the test a bit, too. There are some different regulations, too, where the lines, like at the bottom, if you see there's lines and then dotted on both sides, it's to accommodate for the different size motorcycles.

Excellent. Any other questions, board?

I didn't realize you didn't do it. Always been that space issue and time and talent. So we've got that two-part factor right now. And Cheryl is also here in the audience. And Cheryl is also one of my driver's license staff. Stand up. They make a great team.

Motion to approve. Kim has moved. I'll second. Mr. Dillard seconds. Further discussion? Hearing none, Kim. Aye. Mr. Dillard. Aye. Mr. Clark. Aye. Levi. Aye. And Bill Vassar. Mr. Chris, thank you.

Thank you, and we'll be getting that together pretty soon.

I have a quick question. What months do you do this? From like May to September? When the weather is permitting. Okay. If we have a wonderful spring, you could start.

As soon as we can repaint the lines in the beginning of the season, because the snow is often hard on them. So yeah, as soon as weather permits us to paint, and then we would test as soon as possible. Cool.

Yeah.

It's now 9.15. I will. public hearing of recommendations from the Environment and Zoning Commission.

okay rezoning request for the barbara firm pain trust uh the subject property is owned by the trust and contests approximately of 10.08 acres the property is currently split zone with the northern portion designated a1 agricultural and the portion along highway 9 designated r1 suburban residential the trust wishes to sell the property however the existing split zoning creates limitations for future use and development The A1 Agricultural District requires a minimum lot size of 10 acres, while the R1 Suburban Residential District requires a minimum lot size of one acre and a minimum width of 150 feet. Because the existing parcel does not meet the A1 District's minimum lot size requirements, the featured owner could face limitations on making substantial improvements to or replacing the existing dwelling, except as otherwise permitted under the county's regulations. As shown on the current zoning map, you want to bring that person, is it not coming up, Jordan? Or it's spinning. I can, I have a power, if you want to go to zoning and scans, you can do that too. Barbara Payne. So down, down, down on there. There you go. There should be a zoning map. The next one has a zone layer on it, I'm hoping. Yes, okay. So, as shown on the current zoning map, the zoning boundary does not follow any existing parcel boundaries. Instead, the boundary was established as just a rectangular area, resulting in the current split zoning configuration. The parcel was created in 1998, and properties in this area are serviced by private septic systems. The proposed rezoning is consistent with comprehensive land use plan, which already designates the subject property for residential use. The rezoning of the entire parcel to R1 Suburban Residential would eliminate the existing split zoning, establish a zoning designation consistent with the comp plan, and provide for future use and development of the property in a manner that's consistent with the surrounding residential uses. The County Planning and Zoning Commission voted 5-1 to recommend approval of the request to rezone the entire property to the R1 suburban residential. After that meeting, I did receive an email with additional concerns and considerations, and so I'm just going to address those here quick. During discussion of the request, questions were raised regarding the intended use of the FOF property following the proposed rezoning. As outlined in the zoning ordinance, any permitted use within the R1 suburban residential district would be allowed. The intent of the R1 suburban residential is to provide for a transitionary area between agricultural and urban lands uses to be applied in areas contiguous to or in close proximity to built up areas. The subject property is applicable to regulations and requirements of that district. To my knowledge, the intended buyer has expressed hesitation about purchasing the prosody as it is currently in split zone configuration. Questions were also raised regarding a potential number of lots that could be created on this property and subsequently subdivided. Under the current county zoning regulations, a property owner has the ability to split the parcel once without going through the formal subdivision process where the applicable requirements would need to be met. There's also a question whether proposed rezoning would place any additional limitations or requirements on the neighboring or surrounding property owners. The rezoning would only apply to the subject property and would not change the zoning classification of any surrounding property. If approved, the subject property would be entirely classified as R1's urban residential, while the surrounding properties would retain their existing zoning classifications, which is, as you can see, exactly the same. So they would have the same zoning classifications.

across the board any questions board general public do you have any comments yes sir yes um her property bucks up to mine and i want to know about i want it fenced off and what about all this because You know as well as I do, there's a few bad apples in every basket. And I live in the country. If I wanted to live in town, I would move to town. But I live in a rural acreage. And this wants to be rezoned. And the stuff on your screen is not right. Because that driveway, part of her driveway coming in off of Highway 9 belongs to me and my wife. And the north end of the lot does not butt up to DNR ground. It butts up to another people's property. And it's, it's wrong. It's totally wrong. I mean, I want the driveway moved. If this goes through, I want the driveway moved off my property completely.

I don't know if it's entire, so just these are aerials. taken by airplanes on an overlay. So to definitively say that the driveway is not on her property, I couldn't address that. But as you'll see, the area along Highway 9, that is right of way. So that belongs to the DOT. Any modifications in that area would require their approval.

Who would police it?

Ma'am, do you have something to say?

yeah i'm like right across the fence and i bought up to her property too could you please come up to the microphone sure my property is like right on the fence line with her property so i'm wondering how many houses are going to be allowed out here because like my neighbor said we live in the country we don't want a development and i don't want my view black going over where they want to build lacks my view of all our land and everything, and I don't want it blocked by a bunch of houses. So I don't like this idea. Sorry.

So to address the bunch of houses, which would be a subdivision, subdivision process would require a minimum of three hearings with the Planning and Zoning Commission, a minimum of two hearings with the Board of Supervisors and one hearing with the Board of Health because it would be serviced by private sewage disposal systems. Once again, I cannot speak to the intent of the buyer. I believe they wanted to build a home on the northern portion and have horses. Currently, they would not be able to keep the house to the south if that were to happen because of how the ADU law is wrote. So that is what has been intended or has been conveyed to our office.

But what about this house she's saying on the south end? It's a 1972 trailer house. How can you consider that? It's a trailer house. It was towed in there many years ago. and she can't sell it the way it is because a septic would not pass Dickinson County inspection. Nothing on that lot of hers would pass Dickinson County inspection. The septic.

Addressing that the time of transfer inspection law was put in place in 2009. And so it is true that every sale with a few exceptions outlined in Chapter 69 of Iowa Administrative Code 567. They need to be inspected or replaced. So if the rezoning were to be approved and the new buyers split off their portion to the north for their new home and they wish to either keep or demolish the southern portion would be a different situation because that would just go away. But if they were to keep the southern portion, the septic would need to be updated or inspected. I mean, I don't have a formal inspection stating that this system would or would not pass the time of transfer law.

Any housing development used for sewage?

They would be on private sewage disposal systems. They would be on septic, just as everyone out there is on septic systems.

There's a question on the back. Please come up to the microphone and get your microphone.

I'm also the neighbor out there. My question is, okay, so this goes through and they take it from agriculture to residential and these people can build their house. So now we've already divided it again. Can they come back and do subdivisions, more housing, all this stuff once? I mean, we keep changing and that's possible for them to change it today, three months down the road, they want to do a subdivision. Does it, can it keep changing?

So the rezoning would not change. That would be the subdivision process. That's why I said he would be heard 3 times at PNC. He'd be heard twice at the board of supervisors and once at the board of health. So it could be done. Yes. So we're opening a can of worms. Well, it's already zoned our 1 suburban residential to the South.

Right?

So it's already there. Allowing them to have dual zoning or to have them zoning to the R1 to the north is consistent with the property and consistent with all of the properties out there. um what the minimum lot size for that district is one acre and 150 feet of width um and just looking at the soils because this isn't the first time that someone has asked about what could be done out there it is limited so if you're afraid of having 10 houses out there i don't think the soils could handle that my concern is not it's so too many houses but it's like okay again we're out there because we're one of me in the country

Is so if we're taking our tag and ticket taken our Iowa egg and always turn it into residential, how do we keep any farm ground, how do we keep any pasture ground, how do you know what i'm saying we're taking everything in our county. and making it more housing, so what happens to our animals in our ag that's my concern, I mean I understand she needs to sell it, but is there other options on an owner going a little bit farther down and to take all of our egg life so that's just my stuff Thank you.

my understanding this person that wants to buy it wants to build a house on the north end and they can't do that now not because of the house to the south the answer is yes but they would only be able to build a thousand square foot house according to the adu law that unless they removed the unless they removed all of the so the Apparently, there is a nicer building to the south that people have inquired about. You can see the house is to the south. There's a building to the north of that, right there. People that I chatted with, they would like to keep that building instead of demolishing it. I have heard that the house will probably be removed. um but we can't have an accessory building in front of a house so would someone be able to remove that house leave the accessory building and build to the north the answer is no unless they tell me they're unless it is primarily adapted for agricultural uses aka they would be a farmer and then they would be farms exempt under 335.2 and um then

We wouldn't have any zoning regulations if she had horses, which is I'm hearing that intent. She could do that.

Yes. So, on the district, the horses are allowed on a 3 acre parcel stables provided that the lot area contains a minimum of 3 acres and the density not greater than 1 horse and any of its offspring under 2 years old per acre. But could someone come in and want to put a farm acreage site out there and have cows and pigs and chickens? And yes, they could. I wouldn't have any jurisdiction over that. But like I said, it's marginal, especially when you look at the soils to the north. I had somebody come in and inquire about a campground or tiny houses, and we politely maybe said that that wasn't the best use of this property, especially because of the septic system concerns.

So if I'm understanding you correctly, I apologize. This person could come out, put a house up there, leave the outbuilding if they got rid of the house.

To the South, if it's result, because then they could parcel the resume to do that has to be resolved to do that. And then they would have to parcel off the portion to the South, because you can have an accessory building within 100 feet of your principal structure. And that's 100 feet for lots. That's not building the building. So.

That part would be allowed, but they could come in and tear that house out and build a house where it's at and they'd be fine where we are.

They would need to district. They would need to have, I doubt she has 15 foot side yard to there, maybe, but it's going to encroach in there. So they would need to have, the front yard's not a concern to the south because that's 75 feet. Actually, I apologize, that's 50 feet to the south, 15 feet to the side, and the rear yard we don't have to worry about because that's 25 feet.

Megan, I hate to do this, but we need to suspend this hearing and start our 930 hearing. We'll have you back.

Sounds lovely.

Okay, we will now do the award bidding for Joint Drainage District GD61, Clay Dickinson of Amherst County and Joint Drainage District 61.

look like we're still waiting for play county they are calling in but i don't know why they aren't on here yet

Hello.

Jordan Clay County is here.

Perfect, thank you.

All right, everybody hear me OK? Great morning, supervisors back engineering for those who I haven't had an opportunity to meet yet. I'm here to talk today about the bids that we received Thursday for the joint drainage district 61 project and branch. 61 of drainage district 61 fair project. You should have bid tabulations in front of you, or if you're with another county, those should have got emailed out last week. In reviewing those bids, we received five bids that vary in totals. Five otherwise considered competitively bids compared to the estimate that we had prepared. With McCarty Customs Inc. from Lynn Grove was the apparent low bidder at $234,142.50. McCarty Customs is a... qualified representative, very experienced in tiling and excavation in drainage districts in Northwest Iowa and also Southwest Minnesota. I personally have worked with McCarty Customs in the past on drainage district projects, and they do excellent work. this bid that they had prepared as you can tell is very low compared to the engineers estimate i can't speak to mccarty's bid on any particular thing i can't speak to my estimates um if there's any questions on those just knowing that those were prepared two years ago on behalf of fema i know that i was a little high on my estimates because we don't want to go back and ask fema for more money with our particular estimates and then this particular year on all of our projects we're seeing somewhere between 15 and 20 discount on a lot of the work that we have been bidding this year so i think a combination of factors puts my estimate obviously a little bit high compared to some of these other bids but we had received two bids that were right in the range of the estimate that was prepared so with that my recommendation is that we award the the project to mccarty customs in the amount of $234,142.50. With that, I'll take any questions.

This is Barry Anderson from Clay County. Yeah, that just seems like such a large discrepancy between your bid and McCarty's, although I am familiar with McCarty's and they do great work, so I guess that...

And I can speak to that a little bit more. There is a process in our bidding process and instructions for people who want to withdraw their bid. I have not heard from a party that they want to withdraw their bid. They were present during the bid opening, heard all the dollar amounts from the other contractors. I did not get any indication from them that they were unhappy about their bid. But there is a process for them to do that. They are able to withdraw their bid. All these bidders are required to post a bid bond of 10% to essentially give credit to their bid. If they were to withdraw the bid, that 10% would become the county's money, and then we would just rebid with that dollar amount. So there is a process there for them in order to withdraw their bid, but I have not heard from them that they indicate to do that. Okay, thank you. Yep.

I think that all the supervisors were probably a little bit shell-shocked, so to speak, at the difference between the bids. I also have had a little bit of experience with McCarty Customs and, you know, like you said, John, they have had the opportunity to withdraw And I was there at the bid opening, and so was Morgan McCarty. And I would say that if they wanted out, they could have, you know, they had the opportunity, even though they would have had to sacrifice a little bit. But I would, on my own recommendation, I would say that McCarty's is probably, you know, it's They've done their due diligence and figured this out.

My big concern is I look at the bank repair, and for them it's 96,000, and the others are in the area of 800,000. I mean, what amount of bank repair? You see what I'm saying? It just seems odd to me it's that different.

yeah um I can again I can only speak to what we've prepared our plans and specifications out by very specific specifications required for that thing construction that's all in the contract documents we're going to have full-time inspectors on site during the work so I don't have any reason to believe currently that they would do the work any different or have cheaper per se. But again, I haven't heard from McCarthy on whether or not they want to withdraw their bid.

Is there a threshold of change orders that an engineer can input on a project? As far as like, OK, you know, going forward, they start doing the bank repair and all of a sudden they need to change order because it was more expensive than what they had initially put.

There's not there's not really a pathway forward via change order that way. We have a contract. We have defined work. We wouldn't just change order because they've been at low. What we do is they would probably they would go back to their bonding agency as well with the project. they're required to do a performance bond a payment bond and all those bonds protect you guys from performance issues or payment issues within their subs or themselves so if mccarty i mean we're all kind of talking hypothetical here so if mccarty for whatever reason felt like they couldn't do the work went bankrupt during that time the bond protects you guys for the gap of what we think it would take to get done which would be the next bidder up to complete that work and then the bond would come from you guys in the form of that payment the mccarty would be prepared so we also have insurance that the contractor is required to take out as well so there's no situation in which we just decide that mccarty bid this too low and i come to you with a change order for more money just because

on the new board.

Well, I think that...

This is Jeff. Every contractor has the right to bid whatever they believe they can do, they work for. And like John said, they're all bonded. I don't see a huge concern, especially you guys have worked with them before.

Yep, know it. This is Barry from Clay County. Again, it's a great price Great price, they do good work.

I think to be responsible to the people that are going to have to pay for this in the long run, we have to take the lowest bid. We don't have closed the public meeting.

There's no public meeting.

This is Clark from Dickinson County. I would make a motion that we approve McCarty Customs Incorporated for That on joint did drainage district 61 and CD and E and branch 61 FEMA project.

Or two 34, one 42 50.

Correct. Okay. Mr. Clark has moved to a here a second. Yeah.

Yeah. Okay.

Okay, how do you vote, Emmet County? We're all in favor.

All ayes here in Emmet County.

How do you vote in Clay County?

Clay County is all ayes.

Thank you. Here we have Mr. Clark. Aye. Levi. Aye. Mr. Dullard. Aye. Kim. Aye. And Bill is aye. All ayes. Aye. thanks mccarty my custom is awarded at the end of 234 142 50. thanks clay and emma have a good day thanks john yep thank you thank you thanks everyone all right we're going to come out of yeah 9 32 we're going to come out of the dd trainees district meeting at 9 40. thank you okay we will now resume our public hearing go ahead megan i don't have any more for you bill at this point and reserve questions this question back here please come up to the microphone and get your mouth very close to it is there a specific reason why they can't just build where the existing trailer is tear it down and build right there

Because if they move to the north, my view to the west is going to be completely black, especially if they put up a ginormous house. And I don't want to look out my window and look at a big, giant house. When I've been looking at trees and pasture and blue sky and all of that for 30 years now, I don't want to see a giant house out my window.

As I can appreciate that, you know, when someone purchases a property, they have the right to build within the ordinance where they would like. I believe that they, too, enjoy the ambiance of the nature setting and don't wish to be as close as the neighbors to the south.

A couple more. Yes, ma'am.

I think the main deal here is, unfortunately, my father-in-law is the one that made this tunnel and veil out there and made it a disaster. And the reason I say that is because everybody has to go through everybody's property to get their property, okay? So there's easements for this and easements for that. So everybody's got to go through my property to get their property. They go through Tony's property, which is really not their road. It's his road, but they use it. So I think what we're all trying to figure out is nobody really even knows their LACMA. it's such a mess out there we don't even know our property am I correct people yes so I think what we're concerned about is where are the property rights okay when they when she's going to sell and I appreciate that we all at some point could where is her land where does she the new owner get into that property okay can the new owner then they're going to do this and then all of it changes and then they're going to subdivide it and stuff so I think we're all a little confused about we've got our homes and we've got the egg there and there's so much going on of Where are roads going to be? How many easements? How much stuff is right and wrong? Because seriously, he has really messed it up. And I apologize to all of you because he started the mess. Now we're just creating another mess. We all think because it started that way. So we're just trying to figure out what it is that is not happening on the property.

Yes, sir. Come on to the mic.

I have no markers.

so i have no um i haven't i've not related this property at all but my thought is for the current landowners why can't they just do a variance and not change the rural not change it from agriculture to whatever it is r1 and protect the other landowners and then they don't ever have to worry about the rest of it being subdivided And then they can build the house wherever they're going to build the house subject to X, Y, Z, be it remove the trailer. And then everybody's protected out there and then I'll have to worry about it. Just thought.

Megan, did you have a response to that?

I think so.

Yeah, I would have actually the exact same comment. I own the property to the west, and my intent would be something similar. I'd like to build north of the property or the building that's there. So if you click on the left one, there's a building that's right there. In order to build currently because of the R1, A1, The front edge of my roofline needs to be in front of that property because it's closest to the right of way, which is the 86. I have to go through two properties to get to my current property. Again, like a lot of them have all kinds of easements and it's sort of crazy. So I've kind of come to the realization that fine, okay, I have to tear down that building to build to the north. And that's a cost I was willing to incur when I purchased the property in order to do it. my question i guess would be a couple of things one going through all this zoning changing and all of those things just to say one shed just to the right which is an older shed doesn't really matter you know it's a subjective cost analysis however there's going to be costs changing the zoning there's going to be costs of trying to find lot lines there's going to be all these sorts of costs built into it and that check can simply be rebuilt for the person who's getting them the advantage of it versus you know chasing everybody else around just to keep that one long so I think that's to be a consideration second what happens to the tax rates and all of those things as we change zoning all of that so my humble opinion is very much in line with this of you know I would appreciate a variance I didn't have to tear down a nice shed but I'm willing to do it uh two would that same person be able to get the variance on the property just to the right um I haven't taken the steps because I'm not ready to build I don't know if I ever will get there hopefully someday but those would be the things that I would bring up can you check can you go to the assessor's page on that property um just the main uh not that one on the subject property Megan can I ask a quick question yeah next door Jordan

Click on that one. Hit the report for me, please. Yes.

Does this change the valuation of the neighbor's land?

So, once again, I'm not... Go back up, Jordan. Steph would be the tax person. As you can see in our classifications, this is already being taxed residential. They tax on the use of the property. If the neighbors are taxed as residential, they're being taxed on the use of the property. Is there somebody out there that's being taxed ag? dwelling, possibly. I don't know how to look into those. So obviously they're taxed differently. But that's always kind of been the rule of thumb is your tax on how you, I don't know, the use of your property. And so that's why it says note not to be used, well, under residential note not to be used for zoning because zoning and the zoning and taxes can be different, as you can see. So somebody arbitrarily drew a square out here, and now we have what we have. We have a dual zoning on a piece of property. Technically, we do not authorize. This would have been a sticky situation had we went down this road. So we do not authorize. Varian says for accessory buildings in the limits of the front yard. And I say that looking at the person that made the comment, because there was an issue with the property and luckily it was resolved. But if we did that, we would have pergolas in the front yard of your lakeshore district. You would have more sheds and boat houses in coming to the board of adjustments. So variances are not allowed for accessory buildings in the front yard. And it's the reason why we have told the other gentleman no.

So.

I'm the owner of the property. My name is Barbara and I did get it. Zoe, there there are pins. I'll survey survey. Thank you. This is not my expertise, but a couple of years ago it has been surveyed. So there are pins out there, and on my property where my neighbors know really all that I want to say. But what I do know is I do have someone quite interested in it and all they want to do from my understanding is build one nice home out there enjoy the beauty. Have a little hobby farm out there on almost 11 acres there's plenty of land out there for everybody to enjoy the beauty and it does not but up to the DNR there is. There was some sort of miscommunication there, but we're real close to the DNR. That's all that I wanted to say.

Do you recall who did that survey? I didn't come prepared for that. That's okay. It's at the courthouse. See, that's why I'm not seeing it on file in the recorder's office. We can have a sidebar after that, but if you had it done, let's track that down and get it recorded.

Okay.

Thank you for your time. Yep.

So just wanna, with the variance statements. So here's the difference with the comment of the pergolas on the lakefront. Barbara has 11 acres out there. Doing a variance so somebody could build a house out in the back of the property would make sense. Doing a variance so people could have stuff and pergolas right on the lake shore that's a different story this is 11 acres so this is where a variance would say hey you know what this is a good idea because in this sense you could build a house in the back of the property keep the barn up front really doesn't change anything out there you do have a couple neighbors if you have to go the board of adjustments for the variance right they could all come and say hey you know what not a bad idea we can do this it doesn't bother any of us compared to, again, it's two, we're talking about two different things here. 11 acres compared to a very tiny lake house blocking lake views and stuff like that. This is a different scenario. I think a variance in this case would be a good example. And again, that's kind of why we have variances. But I think that's just my opinion, just trying to get all the things out there to honestly protect the people who live out there. So that's just something else to think about.

Experiences used to be considered.

Sorry, do you want to go first? I just want to comment on that. I just want to comment on that. I never thought about that before, but yeah, it's a pain living in the country, having to live by spirit-like rules. I've wanted to put up fences and they say, oh no, you have to wash out for your side yard, your front yard, your backyard, your this yard. Doing anything in the country is a pain when you're... It's supposed to go by city ordinances. So I think variances on that particular property all the way around for everybody should be like the way to go because it is different. And Bert did screw it up when he first built it. I don't have property markers unless they're next to a barb. I was told fence lanes when I bought my property 30 years ago. That was my borders. I have no markers. And I'm not going to pay to have markers put in because I'm just not going to. but like it's a mess out there and I don't think it needs to be rezoned I really think now hearing about variances that would be like the best option to do and then we can just all agree to leave it zoning the way it is but I also think the whole thing needs to be changed because it's stupid they tell me I can't do things because I have to live by whatever spirit like rules are well i don't live in town i moved to the country to do what i wanted to do in the country not definitely in town and i'm not moving to town so

i think that needs to be taken into consideration as well super frustrating yeah okay two things on that one um none of the acreage sizes at the bottom in the square that are in r1 residential district would conform to the r the a1 agricultural district calling for 10 acres so that would against goes and against the zoning ordinance variances um the law has now changed that the variances used to be An unnecessary hardship and is now a practical difficulty that is not self-created. What we have here and each application needs to be taken on its own merit in front of the Board of Adjustment. Clearly, this first one is you want to build your house to the north. How is that not self-created asking for this variance? Same thing with the other gentleman. So that's why we have encouraged we either need to move the buildings or in this case, the person could resign.

My question to you is, you said they'd have to come to you again. What's going to stop this guy if he gets us rezoned? I mean, here Barb is. She filed the papers with you to get it rezoned, or whoever she filed them with. What's going to stop him once he gets up the north? What's going to stop him from coming to you again? And we're in here talking to these people again.

And what are you concerned about him coming to me for?

get more rezoning more rezoning because like you said it had to be one acre so we can go and houses out there she got like 10 little over 10 acres 10.08

Yep, and the minimum lot size is an acre and 150 feet of width. I've already stated that this property, due to the soils, could not support.

Has anybody talked to the sheriff? Has anybody talked to Osceola Rural Water? Has anybody talked to Iowa Lakes Electric about all this stuff? Because sooner or later, they will come back to you, and I'll probably be dead, gone, and buried, but they will come back to you wanting to rezone that property of hers. more housing. I mean, I've seen what doc, what they've done to Dr. Dave's place. My grandpa would turn over in his grave right now. He's seen what they did to his farm, but that's a different story, but it's going to happen. I guarantee it will happen. He will come to whoever he needs to come to and ask for it to be rezoned again. And then you're in front of the board in doing this. And my vote is no, I don't want her rezoned.

Okay. Two things on that. Um, the rezoning is consistent currently because it's adjacent to our one suburban residential district. We don't have an R2 or multifamily district out there. So at this point, that would be the final stop. Um, the, it cannot support 10 houses and. He had asked about utilities. Our subdivision ordinance 103, should we go down this path, I think it's the fear of going down this path, but there are multiple opportunities for public hearing if someone wishes to utilize the subdivision ordinance. Of course, we would receive utility letters. We would chat with um all of the folks there would be actually surveyors on staff or surveyors to identify all of these things and so that's why i feel it is important that barbara does have i'm going to meet with her to get that survey so it is filed with the county but this isn't just something that i can make a decision in my office and all of a sudden we have a subdivision out here my suggestion is first so everybody knows where everything is and that is at the cost of the property owner unless the county would like to incur this promise is that and i think that is sorry i think that is a slippery slope because we have people in methodist camp triboji all of these other subdivisions east okoboji beach where property pins go missing and then coming to the county knocking on the door saying hey you need to identify our property for us i think is it is slippery go ahead i'm sorry and then i know somebody asked if i if i understand correctly is is the the main concern a hypothetical situation on what might happen

Yes, that's my major concern because right now Barb does not live out there. She has moved. She lives in Minnesota. She has nothing to do with that place. She just wants rid of it. She's out of here. So all she's cared about is getting her place sold and forgetting about Dickinson County, Spirit Lake, Iowa. She's gone. She could care less.

Mark Warren, Okay, so but, but the concern is what might happen. Mark Warren, Yes, with it with a new owner.

Mark Warren, Not what is going to happen right, I think the concern for me is Okay, so we all have to give in. I think my concern is, okay, this person could buy the property and put up a house. So we have to change everything because they don't want to take one old building down. And I know it's old, part of it's, you know, my father-in-law owned it. So it's old, it's missing. So we have to change everything because he doesn't want to take a building down. He wants to change the whole rule for him and doesn't care what the neighbors say. So he actually could buy it, take the building down and build his house. But it's, it's, he doesn't want to do that. So it's just supposedly saving him money and giving us grief. And we don't know what, what lies ahead. I mean, Aaron wants to build too, so it could change. But I think for the fear of, for me is I don't want to see all our egg, our egg land gone. Not, you know, the reason we haven't done anything, cuz we've got the most property out there. We haven't done any of this is because I appreciate our DNR behind my property. I appreciate my ag land. I appreciate that it's just a piece of paradise that is close to Spirit Lake, but not with all these homes and all these rules. And, you know, then all of a sudden this new house goes in. Well, now I've got, I'm going to rent my pasture for cows in the smell. You know, it kind of happened with the Harbor and Ivan Simptons. Ivan owned all the property. They put in the housing development. Now they tell Ivan what he can and can't do. We don't want to become that. And I think there's enough ground every which direction for homes that I think we're just a fear of it being another division like they're doing everywhere else. There's enough homes. Can we leave our ag ground for me in place? That's my concern. Thank you.

Are there any other comments from the public?

Yeah, I guess I'd echo the same thing, and I'm not sure exactly. It'd be good to certainly ask what the current intent is, but intent changes weekly, as we know, depending on how all of the weathers go and neighbors and whatever. But I think cost is one of the main things, I guess, I would think about, again, as she just said, for the cost of one shed, an old shed, not that that matters as much, but the cost of one shed to be moved. For the rest of the occurrence from the neighbors getting survey is done and moving driveways because my understanding is the driveway is currently not even on the property that it's supposed to be on to rezone I'm assuming those things would have to be redone you know there's a whole lot of cost to save one shed so again I think that's a certainly an objective piece of it that should be considered especially when the rest of the neighbors in the area are against it you know, the property owner to the west that would be looking to also build, but that would be tearing down about a $60,000 shed. But I already know that. So, I mean, it is what it is.

Oh, man, my back. My back.

um I just have one more thing to quickly say and that is on my neighbors Tony and Judy my driveway is partially on their driveway but it's very minimal it's a very small amount I had a pin put out there and there's plenty of room for the new people that buy it to move that driveway over so that they're not at all on their driveway there's plenty of room that's all I wanted to say that can that can be a condition placed on the rezoning should you wish

But you said somebody would have to incur the survey.

Barbara's already had it surveyed, and she has her pens.

But you said all of us.

Why?

Because she wants to sell. Why should all of us have to pay for a survey? Because she wants to sell.

That was a question from the supervisors. I'm not going to make you resurvey your land, sir.

My comment on the survey was so that you would know what you have. I pretty much know what I have. I saw that picture in your driveway, Simon. I'm walking straight to the pens. Okay. Is there any further public comment?

I just have one more comment. I totally agree. I think these people just need to tear down what's existing in the residential and build in the same exact place because there's no view blockage. There's no zoning to change. It just makes sense. If they want to rebuild, they can just tear down the old stuff that's there because that stuff is old. I mean, that's what I would do if I were going to build a new house out there. I would tear down my old and start over because when Bert put that step out there, he just cobbled it together. It was bad. I even had a trailer at one point and I had to tear it down and get rid of it because it was still on its wheels. He just pulled it in there and parked it while it was still on its wheels. So I just think the best thing is either leave, rezone the whole thing, agriculture, even us two acre people, tear down what's existing and just build right where they're already allowed to build. Because I don't think any of us are going to be happy with rezoning at all. I think it's just going to cause more issues. So that's all I have to say.

Could they do that Megan? they tear down the buildings, could they then just build a house?

Sure. Anywhere they want. Just so that's clear. Yes. As long as they have 50 feet in all four directions, if they chose to go to the north.

If you could bring up that, her plot again, where that building is down there, because most of what you see is mine. What is it that building came out? How far back does she got where it starts agricultural? What is wrong with all that area of that building? One that's marked number one. What is wrong with all that area right there for a new house? If that building came out of there, Because you can go back to that, I don't know how far they can go back before it turns into agricultural. But there's, seems to me like there's enough room right there if that building marked number one was out of there.

Okay, so if the house and the building are removed, let me zoom out, they can build anywhere on their property.

Then there would be no more rezoning talk.

I am not going to guarantee that.

Yeah.

Anything else? Therefore, I will close this public hearing and turn it over to my board.

This is a tough one for me because I'm a landowner's rights kind of person, right? But at the same time, to tear down a building to do what needs to be done seems like the correct choice to go for me. I'm not sure rezoning this is the right thing in that area, but it's a tough thing. My dad always said to me, if you don't like what your neighbor's doing, buy their land. Easy to say today, right? But that's what he always told me. And I get that because people are uncomfortable with what happens in our neighbor's land. We can't control that all the time. I'm just not sure rezoning this is the right thing for what the intent of selling it. And for this gentleman, he's right. If he wants to build a house, he's going to have to tear that building down to comply with what they want out there. So I don't know if I'm in favor of this. I guess I'd like to hear some other opinions of what's going on.

Well, I'm, I'm kind of like Mr. Wormus and I'm a property rights type of person. And I've bought different properties over the years and I've paid lawyers to do deal due diligence and everything. And one thing I've noticed on all pieces of property that I bought and sold, there was never anything. in the contract or in the deed or anything like that that said my view would stay the same. You can't do it. If I own a piece of property and wanna build a building on it and someone says that, oh, that's gonna block my view. Your view of what? There's nothing that says that that's guaranteed that he's never gonna have a change in view. uh it's impractical to expect that uh you know I understand living in the country I've lived there for most of my life but and I liked what I saw but also understand that you just can't tell people what they can build because you don't like to look at it right you know there's it just I'm sorry that you bought out there because you like the view and stuff, but there's nothing in the law that says that view will stay the same for as long as you live or as long as you own the property. No, that's my personal opinion. I don't have a problem rezoning it. Because to do anything on it, they will still have to go through a board of adjustment. If they want to change anything, they'll have to go through zoning to get their permits and so on. You know, we change zoning all the time for new developments. Is this going to be a development? Is it going to be a single home with just enough acres to run a couple whole horses on? Or there's places that they... have made variances for a lot of small animals in some of the municipalities. We don't have the same zoning as they do. But it still all has to go through zoning. And if it needs a variance, it has to go through Board of Adjustment. We don't grant the variance. They do. We just approve it when it's done.

And that might be the subdivision ordinance as well, Steve? So you all approved preliminary PLATs and final PLATs. So that fear of the subdivision wouldn't, like I said, it would go to PNZ three times, supervisors twice, and Board of Health once. So there would be plenty of opportunity should this ever happen for public comment and notifications.

Eli, what are your thoughts? I guess my gut feeling is it's pretty tough to tell somebody that you don't know what they can't do with the property that they might own in the future. And so, I mean, I guess that if this is gonna change the value or make it more attractive to sell, rezoning it, it looks like there's six meetings in place. If someone was to put a subdivision out there, there's plenty of opportunity, checks and balances to make sure that that is stopped if that's what is necessary. But to put out a single home and have a hobby farm seems like a pretty simple request to me.

Good point.

It's tough. I don't know if my neighbors complained when I stuck a flagpole in my front yard or not. Being a property owner, I don't care. It goes on within the law. It's a tough decision.

Yes, it is. What's your gut feeling? My gut feeling is a no. I guess I look at this and it seems there's a simple fix. Take down the shed and you can build your house. Now that's not going to relieve your view, but I remember Tim Fairchild sitting here and saying how his grandmother hated the fact that she had looked out the window and couldn't see prairie anymore. It had all been plowed up and climbing. So as far as rezoning, I guess I'm against it since there's a way to get to your house and not upset your neighbors. But I'm going to need a motion from this board with one way or the other.

I do have one more question. This is currently split and zoned into two different districts, correct? Yes, sir. So if the buyer was to want to build a house clear to the north end, it needs to be rezoned.

Correct.

If it was right on the split line, he could do whatever he wanted. As far as tearing down the old shed and building a new building, new house.

He could. So if both of the house and the outbuilding are removed on that entire 10.0 acre parcel, they could build absolutely anywhere they wanted to. I believe, I mean, at this point, Jordan, sorry. So that line just delineates setbacks on the south side. and setbacks on the north side, if we're talking a vacant piece of property. So if they were to build on the south side near all of their neighbors, they would have 15 foot side yards, 25 foot rear yard, which is not an issue, and a 50 foot front yard to the south, which I don't believe is an issue because the narrowing of the property. So I believe the intent was for them to split the parcel along that line where you see the zoning, have the R1 with the house in the outbuilding to the south, and have a new house to the north. But currently, if the buildings stay as is, they would not be able to do that. Can you ask a question? I will take that as a question, Chair.

If they zone it all to residential, how can they still make it agricultural? How can you bring horses out there if it's residential?

The R1 suburban residence model allows for stables and specifically states. The stables provided that the lot area contains a minimum of three acres and a density not greater than one horse and any of its offspring under two years old per acre. I'd also like to note for you, so if you are a farmer and farms exempt, it doesn't matter what zoning classification you're in. If your property is being primarily adapted for agricultural uses, the county cannot tell you if you're an R1 suburban residential district or an R2 if you're using it for agricultural purposes. So zoning across the boards do not apply to people that are farms exempt. So Hobby Farm is a little bit different. They just wanted to have horses and stables. The R1 district allows that.

So can you hear? I just want to say that I'm already paying property taxes out there totally on almost 11 acres for residential. I am here requesting to just rezone it all residential. I've been out there almost over three decades, almost three decades, and I've been paying residential. My request is, can we just do it all residential? Because I'm already paying it. That's that's what I want to say.

Well, remember the public hearing has been closed right now. I'm looking for direction from my board.

The rest the rest of it out there is is residential as well, right?

Yes. So like I said, there was just a square you didn't see when they developed zoning. back in the 70s and not really enforced until the 80s and this has happened with a lot of requests that's come to you none of that follows a property line they literally just drew a square for funsies and said this is residential because it was houses that were out there i'll make a motion to um rezone from a1 to r1

Uh, parcel 0 2 3 3 3 0 0 0 2 6.

I'll second it. Mr. Clark seconds.

Further discussion. I just think there's enough checks and balances in place that, uh, if something of the new owner, whomever that is, was to, um, pursue something, I think that there's an opportunity to stop that should that be the desire of everyone that's out there.

Anything else? It makes a good point to me. I'm assuming that this is past 6 to 0 or whatever to come to us.

It was five, five, one.

Okay.

Okay. The motion has been made and seconded Levi. Hi, Mr. Clark. Mr. Dollar. No, Mr. No. Thank you guys. as I said there's an easy fix I think they should take it so I will vote no also okay moving on uh item six for Chris Bateman for the United States of America yeah thank you this one is going to be a lot easier to make a decent people

I have eight parcels there in PSHLM. And they are owned by the United States of America. So he does not have to pay drainage taxes. So I'm asking him to pay them because that's the requirement. The total amount is $100. How much? $100.

Motion to approve. Second. And we have made our income.

No, no.

Okay. There's no further discussion. Mr. Clark, Levi, Mr. Dollar. Thank you very much.

I'll get that.

Okay. Next up the approval of resolution 2026 dash 17 appointment of civil process server. I believe that's why the sheriff is here. Would you like us to read the resolution first or after you speak?

This resolution, excuse me, it's necessary to clear up whose definition of what is, and this would make it quite clear. So in the absence of a deputy, a jailer, or the office managers could also serve some place. when you send your office manager out to serve? No, it's when someone doesn't want to be served and comes into the office. I'm not there, a deputy's not there. Or if after hours, we may want to stop by and pick them up, then we always have the jail staff there to serve papers. Sometimes for the court, if there's a restraining order on a domestic, it has to be served. So on the weekends, the deputy would have to come in and serve it. If we do this, then the jail staff and every office manager will be sworn to do this. Stop going out a big, long affidavit that they did.

Okay. Jordan, would you like to read the resolution, please?

Appointment of civil process server, a resolution to appoint civil process servers per Iowa Code 331.6528 and 331.9031, where it is deemed desirable to appointing current office and jail staff members to the role of process server for the Dickens County Sheriff's Office. Now, therefore, the Dickens County Sheriff may immediately appoint current personnel to the role of civil process server for the purpose of serving civil process papers within the Dickens County Sheriff's Office in the absence of a deputy sheriff.

Thank you, Jordan. Motion to approve. Kim has moved. I'll second. Mr. Dullard second. Further discussion? There are none. Kim? Aye. Mr. Dullard? Aye. Mr. Clark? Aye. Levi?

Aye.

And Bill? Aye. Thank you.

Welcome. Thank you, sir.

Okay, next up is the approval of Resolution 22 current east one along highway 71 please well i guess i'm speaking on behalf of the requester because um everybody definitely miscommunication or something well i'm steve oh okay do you have a bit today thanks

um so the commons llc came to the conservation board to request a vacation of an easement that goes to their property along highway 71 the map i've presented to you is the red line is the current easement and it's a 15-foot conservation easement that was put back in 1992 for the trail Um, so the conservation board kind of discussed it. Aaron, uh, Reed from the trail director was also involved in that discussion about is that easement needed anymore since the trails now along the highway 71, um, and already constructed. Um, so the conservation board felt that that easement is no longer needed. along with Aaron that the trail is not going to be moved there in the future. So they asked, they approved to vacate that easement and we bring it to the supervisors since it's county easement to the supervisors, we would ask that you also vacate that easement. There are other easements on the property that we are not removing. Electrical easements, all utilities, and we, the Conservation Board, also have a water easement on there for the golf course. That does not include in this vacate. It's just the 50-foot trailer.

This one was specific for the trailer, which we already have. Correct. I'll make a motion to approve.

Okay, it must move. I'll second.

jimmy bacao, jimmy bacao, further discussion if anybody needs to read the verbiage or anything. jimmy bacao, jimmy bacao, jimmy bacao, jimmy bacao, jimmy bacao, jimmy bacao, jimmy bacao, jimmy bacao, jimmy bacao, Whereas a 15-foot conservation easement was created and recorded in the office of the Dickens County Recorder and Miscellaneous Book 5, page 641, the conservation easement. And whereas the conservation easement encumbers the following real property located in Dickens County, Iowa, parcel number 0720126026 owned by Michael Heppner and parcel number 0717379040 owned by Common Holdings LLC. And whereas the Dickens County Conservation Board has reviewed the purpose And continued necessity of the conservation easement, and has determined that the easement is no longer required for conservation park or other public purposes. And whereas the tickets county conservation board finds that releasing and vacating the conservation easement is in the public interest and will not adversely affect the conservation mission of tickets accounting. And whereas the tickets county board of supervisors has likewise determined that it is in the best interest of tickets county to release and vacate the conservation easement. And where the Dickens County Conservation Board adopted on the 12th day of August 2026 approved the release and vacation of the conservation easement. And Dickens County Board Supervisors by resolution number 2026-18 adopted today approved the release and vacation of the conservation easement. Now, therefore, be it resolved by the Dickens County Conservation Board Or tickets county board of supervisors is applicable that the governing body here by approves the release termination vacation extinguishment and permanent discharge of the 15 foot conservation easement. recorded a miscellaneous book five page 641 in so far as it affects the following parcels tickets county parcel number 0720126026 and 0717379040. Upon execution and recording of the release of vacation of conservation easement and the office of the Dickens County recorder, the conservation easement recorded in miscellaneous book 5 page 641 shall no longer constitute an encumbrance upon the parcels described above. Following recording of the release and vacation, the owners of the affected parcel shall hold title free and clear of the conservation easement recorded in miscellaneous book 5 page 641. This resolution authorizes the chairperson of the dickens county conservation board and the chairperson of the dickens county board of supervisors, together with their respective secretaries or county auditor as applicable to execute all documents necessary to. EFFECTUATE THE RELEASE AND VACATION OF THE CONSERVATION EASEMENT. THIS RESOLUTION AND ACCOMPANYING RELEASE AND VACATION APPLY SOLELY TO THE CONSERVATION EASEMENT RECORDED IN MISCELLANEOUS BOOK 5, PAGE 641, AND SHALL NOT ALTER, RELEASE, TERMINATE, OR AFFECT ANY OTHER RECORDED EASEMENTS, RITE OF WAYS, UTILITY EASEMENTS, DRAINAGE EASEMENTS, RESTRICTIVE COVENANTS, AND OTHER OR OTHER ENCUMBRANCES AFFECTING THE SUBJECT PROPERTIES. THIS RESOLUTION SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS ADOPTION. I want me to read that again.

Only a little quicker. Okay, what do you think, board?

We already did it. I just had to read it. Motion. Tim and Levi. You are correct.

Thank you. What happens to that plan? Who's responsible for it? The owners.

I just read that. Didn't you hear me when I was talking?

No. Who listens to you? Okay, if there's no further discussion, Kim? Aye. Levi? Aye. Mr. Ford? Aye. Mr. Diller? Aye. Kim Billings? Aye. Are you going to record that? Yes. Thank you, guys. okay uh on the number nine the approval of the august 25th board meeting yes mistakes errors almost you do approve the board and that's from i guess something good i'll say it levi moves mr dully seconds for the discussion here we go levi hi mr dollar hi mr clark hi

Thank you, Mr. Chair. I want to thank everyone that attended the wellness luncheon, uh, supervisors. Thank you for those of you that could show up, uh, for leading the way. I appreciate that. It was a great turnout and a lot of, uh, the departments did a great job of getting their, the, uh, their, their department there. Again, it was basically to remind them of the reason that we're doing the wellness program and to have folks get their online assessments done and to, if they have not done it already, schedule their physician physical so that we can save 5% on our health insurance premiums, which we have done in the last seven years. So hopefully we'll get everybody done. That runs until October 30th. So again, appreciate everyone's attention to that. And region three local emergency planning committee meeting down in Spencer. There was a lot of discussion about new hazmat trainings, particularly about anhydrous and those types of things. We're fortunate here in Dickinson County. Mike Garrett does a really great job of making sure all of our trainings are up to date and everything is in compliance. So thanks to that. We also recycling commission meeting, but that happened to be at the very same time that I had my local emergency planning committee meeting and I know Mr. dollar was at that. So he will. They didn't more on that. That's all I have.

Okay.

Thank you.

Well, that's for dollars after meeting on the 25th. I have my upper void. Board meeting, and I do that by zoom because of some other commitments. They have a new FAS Director, Family Development Self-Sufficiency Director. They've just brought on staff. They'll be applying for a grant to the Iowa Department of HHS and Healthy Hometowns to provide a medical care station. They're planning on applying for the grant, which is about $260,000 a year. And it's a four-year grant. They're planning on putting these stations in different counties. I believe they mentioned 19 different counties across the state. This is to serve the rural communities. And it's a partnership between the Iowa Community Action Association with OnMed and WellPoint. The one that they're going to put in our general areas, it's going to be placed in Emmett County in their office in Estherville, because it has the size and the availability. And it'll be available for residents throughout Iowa. It's mainly for chronic illnesses, not for emergency situations. It's a 10 by 8 foot box, and it connects the person to a physician. They can get the referrals or the the people that are on staff they'll have to have two staff there that'll attend to this and they will uh a physician they go into the box it takes their readings they stick their arm in the thing and it takes their readings and then they meet with a physician by zoom on the screen in the in the box and then he makes any recommendations it's basically for like uh people with diabetes chronic illness have to do blood work beforehand so that anything anything like that has to is he recommends referrals he does referrals that's it that's all they do okay so if there's any referral to be made he makes it to the Okay, on the 26th, I attended the sessions of our wellness committee. I was there to bother Kim for most of it. I missed Levi when I came in. That evening, I attended the pack-a-dirt picnic and the Republican Central Committee meeting. It was very well attended. On the 27th, you and I attended the rides board. I'll let you cover that. Thanks. Yeah. Then in the afternoon, I attended the Recycle Commission. The RCC reported that the grinders were in two weeks ago to clear a pile of trees, and they did about 16,000 yards of material at a cost of about $80,900. And they're already starting to collect more trees and make another pile. Landfill reported that their new sill

new cell which is about six acres and they're hoping to uh they're been working on that they have hope to have that complete by october and that's all i have thank you mr clark the only meeting that i had was the northwest iowa youth emergency services board in cherokee the the day of the meeting they had uh down to five clients, they averaged 6.9 for the month, which is down a little bit. But if you look historically at their figures, the month before everybody goes back to school, the school put a lot of pressure on the parents to get those kids enrolled in school so that they're counted on the school census and the schools get more money that way. It'll pick back up again. You know, after the first couple of weeks in September, when they put in the minimum required amount of days to be counted as a school student, it always does. So it was kind of nice for them to be down a little bit. They have done some improvements on the facility. They got to do, they call it caning and I call it restrictive caning. mesh on all the windows so that people can't dig the windows out of the concrete and try to get out and escape. It has happened once in the eight years that I've been on board. So their transportation down there is doing well. They did $35,460 worth of transportation for various institutions all across the state of Iowa. They are going to drop transportation for the Native Americans because the repayment by the federal government is so slow. We're over eight months out in getting repaid for our expenses for transporting kids from the reservation. They have added another driver and another car in Sioux City that are stationed out of Sioux City. They're having just a tremendous amount of transports all the way from Sioux City to Bettendorf to a facility over there. Evidently, the state of Iowa can only have one or there's only one, you know, one available that they have to transport those kids over to Bettendorf. Their transports for hospitals has picked up and have to be transferred or not emergency, but just transported somewhere else for care has picked up. So they've added, like I said, one new driver in Sioux City and two new total vehicles for the fleet. They received a grant for putting the mesh on the outside of the windows And they're going to put new grant or new client room doors in the facility. I swear to God, when people figure out that they're working for some kind of government entity, the price just triples, you know, you know, they're going to put these 10 new doors in and three of the outfits they called wanted 40,000. order the doors and put them in or no they wanted 90 000 the low bid was 40. and they're the same doors you know it's just who puts them in and they don't have to be licensed or anything it's just it's kind of like with the drainage district you know you take the best best offer you know and get it done so their financials look good you know they're making money on the uh Transportation end of it and the audit, the audit has been completed and will be available in the future. That's all I have.

Thank you. I had a very brief week with county requirements and expectations. I was at the wellness lunch. I did have to check my ego as some of the ladies made fun of me for my sensitive tummy. And so they did. That was something I wasn't expecting, but persevered. And then I did make an appearance at the pachyderm picnic Wednesday night. And that was what I had. Thank you.

Well, you have a much better week, all of you. idea and i got a witness here mr dullard all i had was right and there's about a million dollar shortfall it's going to have to be made up and the reasons for the shortfall are mainly due to government cutbacks in medicaid they won't uh and i told you before they screwed how People get transportation. You know, somebody here in Spirit Lake might be relying on a bus from Bentonville. It's screwed up. When they broke up the workshops for the mentally handicapped, that fouled up transportation. Used to be pick them up, co-pay them, take them to a workshop, pick them up, take them back. Well, now they're spread all over. And so you had a list of things to cut back. The one that I hate the most is non-emergency medical transport. So think about your grandma or your grandpa can't drive anymore. How do they get to the doctor? How do they get groceries? But it has to be done. The other thing on there that I hate is possibly releasing employees. Cutting out to some routes to some towns. But it's going to have to be done, and it's a way to get out from under the debt. So that was my joy for the week. Anything from the crowd? Hearing none, I will take the motion to adjourn. I'll make that motion. Mr. Dillard moves. Second. Mr. Clark, second. Mr. Clark? Aye. Levi? Aye. Kim? Aye.