April 24, 1917: Drainage District #37 established, consisting of approximately 8165 acres located in the approximately 6 mile portion of Pickerel Run from the outlet of Trumbull Lake to just above the town of Dickens. (See Original Engineer’s Report)
June 1, 2012: Bolton & Menk opens office in Spencer, IA
2012: Average Clay County farmland lease value as per the ISU Extension Cash Rent Survey $271.
2013: Average Clay County farmland lease value as per the ISU Extension Cash Rent Survey $261.
September 2, 2014: A Drainage District #37 meeting was called to discuss a slide gate to control flow of water from drainage ditch. This was the first meeting with minutes available for DD#37 other than those in 1993 and 2009 to establish the tax levy. (All meeting minutes are available on the Minutes page.)
September 2, 2014: The Clay County Engineer asked farmers attending the Drainage District #37 meeting if they would like to sign a petition to look into the drainage of the district.
September 16, 2014: The Clay County Board of Supervisors met as Trustees of Drainage District #37 to accept the drainage petition. According to the official minutes: “The petition states that the tile mains serving these land is not sufficient in its current condition to properly drain excess waters from the lands of the petitioners and that the tile mains need to be improved to correct this situation. The petitioners request that the Clay County Board of Supervisors acting as trustees of Drainage District #37 appoint a qualified engineer to investigate the drainage situation in Drainage District #37 and make recommendations for improvements to the tile mains. Motion by Brockshus, seconded by Skow to accept the drainage petition received on September 12, 2014 from Drainage District #37. Motion carried. Motion by Skow, seconded by Swanson to appoint Bolton & Menk, 1900 North Grand Avenue, Spencer, Iowa as consulting engineers to determine the work required to provide sufficient drainage relief for the lands in the district and make recommendations for improvements to the main tile based on the petition request received from the district landowners dated September 12, 2014. Motion carried. ”
2014: Average Clay County farmland lease value as per the ISU Extension Cash Rent Survey $258.
2015: Average Clay County farmland lease value as per the ISU Extension Cash Rent Survey $233.
2016: Average Clay County farmland lease value as per the ISU Extension Cash Rent Survey $230.
2017: Average Clay County farmland lease value as per the ISU Extension Cash Rent Survey $239.
April 10, 2018: This was the next meeting of the Clay County Board of Supervisors meeting as Trustees of Drainage District #37 and was to accept the engineer’s report. In the 3+ years between the September 2014 and April 2018 meetings the Clay County Supervisors, on behalf of DD #37, approved invoices in excess of $100,000 as part of their regular bi-weekly Board of Supervisors meetings. At the April 10, 2018 meeting, ”Bolton & Menk Engineering representative Jon Rosengren gave the Board background on the D.D. #37 proposed Main Open Ditch improvements. The investigation confirmed the need for drainage relief to remove the trees on the spoil banks, repair the ditch side slopes, and to level the existing spoil. Seventy-five (75) surface drain pipes and forty-four (44) tile outlet extensions which will need to be replaced as the ditch will be made wider than it is currently. If ditch improvement is not selected a repair to clean out the open ditch to the grade and cross sections of the 1916 plans is recommended. This would restore the ditch to its original capacity and efficiency. This repair work would cost approximately $2,412,000 or $38/ benefitted acre.”
(**The $38/benefitted (sic) acre cited above is being calculated based upon the annexation of 56,000 acres. The actual dollar cost per benefited acre in Drainage District #37 would be $302.14, using $2,412,000/7983 acres, but see other acreage counts later in this timeline.)
“The improvement would have a staged design to widen the base which will lower the water elevation, providing free flowing outlets and will also have a greater capacity relieving the lands that experience flooding. The spoil material would be deposited within the right-of-way and would not be able to be farmed, but would be seeded to native grasses and will serve as a mitigation offset. The improvement work is essentially an expansion of the repair work to provide significant relief to the district for a total estimated cost of $3,678,000 or $57 / benefitted acre.” The engineer’s report states that there are 7983 acres being assessed as part of Drainage District #37.
2018: Average Clay County farmland lease value as per the ISU Extension Cash Rent Survey $229.
As of December 31, 2018 Total payments to Bolton & Menk from Drainage District #37=$164,455.60
August 14, 2018: The Board of Supervisors met as Trustees of Drainage District #37 to set a hearing date on the proposed improvements. The hearing was scheduled for December 4, 2018.
December 4, 2018: The Clay County Board of Supervisors as Trustees of Drainage District #37 convened a public hearing to receive and consider any objections and other comments to the report and amendments submitted by the engineers from the Bolton & Menk, Inc., Spencer, Iowa for proposed repairs and/or improvements to the Drainage District #37 tile system. According to engineers Etler and Rosengren, there are 8466 acres in DD#37. An improvement would result in annexation of over 56,000 more acres in Clay, Dickinson, Palo Alto and Emmet Counties. (See minutes for more detail on this meeting.) The hearing was continued to January 14, 2019.
January 9, 2019: According to an email chain between the Clay County Engineer’s Office, the Clay County Auditor’s Office and Jonathan Rosengren of Bolton & Menk Engineering, letters and cards of objection to the proposed improvement have been received representing 67.4% of the acres in DD#37. By the time of the January 14th meeting, this calculation had somehow decreased to 65%. The email also determined that the Iowa DNR does not have any benefit acres in the district.
January 10, 2019: Three members of the Clay County Board of Supervisors assure a landowner that they are in no rush to determine the fate of DD#37 and it will not be an issue to continue the hearing to a future date.
January 14, 2019: The Clay County Board of Supervisors met as Trustees of Drainage District #37 at 9:00 a.m. pursuant to continuance from the December 4, 2018 public hearing. Regardless of previous assurances, the Clay County Board of Supervisors voted unanimously to conduct the remonstrance. “Objection results in 59.77% of owners of 65.00% of the land oppose an improvement. A remonstrance of the improvement requires 50% of the owners of 70% of the land therefore a remonstrance fails.” The total of acres used in the spreadsheet prepared by Bolton & Menk and used to calculate the remonstrance was 8233.4858 acres.
February 20, 2019: A Petition is filed against the Clay County Board of Supervisors on behalf of landowners Allen McGranahan, David Wyatt and Robert Swan to appeal the Board’s decision on January 14, 2019 to approve a $3.678 million improvement project.
March 26, 2019: The Clay County Board of Supervisors, having denied the request of landowners to call a meeting of Drainage District #37, allowed comments by Connie Swan, CPA and Robert Swan, landowner. According to the minutes of the regular Board of Supervisors’ meeting, “Mrs. Swan gave the Board a copy of Iowa Code Section 468: Subchapter 1: Part 1, Section 10 regarding appointing a disinterested and competent civil engineer.”
What the minutes do not include is that Connie Swan also pointed out that Iowa Code 468.10 specifically states that “Any engineer employed under the provisions of this subchapter, parts 1 through 5 shall receive such compensation per diem as shall be fixed and determined by the board of supervisors” and that “the engineer shall keep an accurate record of the kind of work done by the engineer, the place where done, and the time engaged therein, and shall file an itemized statement thereof with the auditor. No expenses shall be incurred by the engineer except upon authority of the board, and vouchers shall be filed with the claims therefor.” Connie Swan pointed out that neither of these portions of the law have been followed.
April 23, 2019: “The Clay County Board of Supervisors met as trustees of Joint Drainage District #37” . . . “to set the bid letting for Drainage District #37 Improvement Project to June 18, 2019 at 11:00 a.m.”
May 7, 2019: The Clay County Board of Supervisors, having denied the request of landowners to call a meeting of Drainage District #37, allowed Connie Swan, CPA to address the Board of Supervisors as part of their regularly scheduled meeting. She presented information to clearly show that the spreadsheet, created by Jonathan Rosengren of Bolton & Menk, which was used to calculate the remonstrance of January 14, 2019 contained numerous and significant errors and that, had the spreadsheet been accurate the remonstrance would have passed. The minutes of that meeting only state that “Connie Swan, David Wyatt, and Leonard Langner spoke to the Board and presented materials that are on file in the County Auditor’s office.”
May 21, 2019: The Clay County Board of Supervisors met as trustees of Drainage District #37. Motion by Hamrick, seconded by Skelton to accept the engineering plans and specifications presented by Jon Rosengren from Bolton & Menk, Inc. No action was taken in regard to bid letting. Petitions for Private Trusteeship were presented.
May 22, 2019: The Clay County Board of Supervisors met as trustees of Drainage District #37 to canvas the Petitions for Private Trusteeship. The Supervisors, Auditor and Assisting County Attorney raised several questions regarding ownership and signatures and did not know how to count the petitions. The meeting was adjourned so the petitions could be reviewed. (Prior to this the Clay County Board of Supervisors had secured a court restriction against the Plaintiffs disallowing them to be part of this Petition.)
June 3, 2019: The Clay County Board of Supervisors filed a Motion for Summary Judgment. This Motion acknowledged the majority of errors in the remonstrance calculation that were brought to their attention by Connie Swan on May 7, 2019, but also pointed out other errors contained in the spreadsheet prepared by Bolton & Menk that changed the purported outcome of the remonstrance calculation. As attested by Jonathan P Rosengren of Bolton & Menk and Kristine Toay of the Clay County Auditor’s Office, total acres in DD#37 are 8416.103797 acres.
June 18, 2019: The Board proceeded to canvass the Petitions for Election of Private Trustees for Clay County Drainage District #37 and determined that the Petition did not pass. (See minutes of meeting for full report.) Per Iowa Code 468.501 “A petition shall be filed in the office of the auditor signed by a majority of the persons including corporations owning land within the district assessed for benefits.” The method of counting the petitions used questionable methodology, determining “landowners” rather than “persons” or “corporations.” Even though it had been previously determined in the email chain of January 9, 2019 that the Iowa Department of Revenue had no benefit acres in DD #37, they were still included as an owner that did not file a petition. The U.S Fish and Wildlife was included as a landowner, but is neither a “person” nor a “corporation” nor does it pay property tax. Land owned by multiple persons only received one vote. The Petition failed by two votes.
June 21, 2019: A Motion for Summary Judgement was filed on behalf of the Plaintiffs pointing out the multiple errors contained in the spreadsheet that was used to calculate the remonstrance of January 14th.
June 24, 2019: The Plaintiffs entered into an agreement with the Board to continue the hearing on the motions for summary judgment in order that a presentation could be made to the Clay County Board of Supervisors acting in their capacity as Board of Trustees of DD #37 in an attempt to reach an agreement to resolve these matters.
July 25, 2019 and August 14, 2019: Letters from legal counsel of the Dickinson County Board of Supervisors and Emmet County Board of Supervisors were received by the Clay County Auditor. The letters express opposition to any attempts at annexation in Dickinson County and/or Emmet County.
July 26, 2019: A Petition was filed on behalf of Plaintiffs to appeal the Board’s decision to deny the Petition for Election of Private Trustees. Iowa code 468 says “A petition shall be filed in the office of the auditor signed by a majority of the persons including corporations owning land within the district assessed for benefits.” The calculation of the number of petitions and how they were counted is in contention.
July 30, 2019: Supervisors indicated a desire to come to an understanding and invited landowners to present a proposal for what should be done to DD #37. Upon arrival at the meeting, landowners were informed that they were not on the agenda, but would be allowed to speak, although the supervisors’ legal counsel had advised them against making any response or negotiating in any way. They did listen to information presented by engineer Lee Gallentine, PE, PLS from CGA Engineers of Marshalltown, IA, and by land owner Steve Swan (presentation available here). According to the minutes of the meeting of the Clay County Board of Supervisors: “10:35 a.m. The Board gave audience to thirteen landowners and land managers of property in Drainage District #37 of Clay County accompanied by Attorney David Johnson of Clarion, IA and Lee Gallentine, P.E., P.L.S. of Clapsaddle-Garber Associates of Webster City, IA. The Board received information from the landowner group that will be reviewed by the Board, Drainage Attorney Robert W. Goodwin and the Engineering firm of Bolten & Menk. A timely response will be provided by Drainage Attorney Goodwin. All materials received are on file in the office of County Auditor. Attorney Sackett returns to the meeting at 10:40 a.m.”
August 23, 2019: A similar case in Palo Alto County involving annexation was ruled in favor of the landowners.
December 18, 2019: The Board requested the hearing on the motion for summary judgment be reset. The Court entered an Order resetting the hearing for January 24, 2020.
2019 Average Clay County farmland lease value as per the ISU Extension Cash Rent Survey $200
As of December 31, 2019 Total payments to Bolton & Menk from Drainage District #37=$348,977.10, approximately $41.47 per acre in DD#37.
January 24, 2020: A hearing was conducted by telephone, allowing each attorney 10 minutes to argue in support of their respective motions.
February 27, 2020: Judge Lester of Spirit Lake ruled in favor of Clay County for the trial involving the remonstrance vote. An appeal can be filed within 30 days.
March 25, 2020: Lawyer David Johnson filed an appeal.
April 8, 2020: Clay County Board of Supervisors filed for summary judgement in regards to the case for trusteeship of Drainage District #37. Link to filing.
June 8, 2020: Judge Charles Borth rules that there were enough petitions for private trustees to take over the management of DD#37 and directs the Clay County Board of Supervisors to authorize an election of private trustees. Link to Judge Borth’s ruling.
June 16, 2020: Clay County Board of Supervisors authorize Goodwin Law, Ames, IA to ask judge Borth to reconsider his decision on trusteeship for DD #37.
July 28, 2020: Judge Borth denies the Clay County Board of Supervisors request to reconsider his decision in regards to private trusteeship of DD#37.
September 28, 2021: First special election of Board of Private Trustees held. Allen McGranahan, Bill Gerdeman, and Rodney Dillard elected.
January 15, 2022: First regular election of Board of Private Trustees held. Allen McGranahan elected to 3-year term; Bill Gerdeman elected to 2-year term; Rodney Dillard elected to 1-year term.