September 2, 2014
The Clay County Board of Supervisors met as trustees of Drainage District #37. Members present: Supervisors Brockshus, Chalstrom, Matthews, Skow and Swanson. Motion by Chalstrom, seconded by Skow to appoint Supervisor Matthews as Chairperson for this meeting, and to appoint County Auditor, Marjorie Pitts as Secretary for this meeting. All present voted Aye. Motion carried. The Clay County Board of Supervisors received a request from John Metcalf for permission to manipulate a tile line of the Clay County Drainage District # 37 in order to control the back flow of water onto his property, which is located in the SE ¼ of the SW ¼, Section 28, T‐96N, R‐35W, Lake Township, and Clay County, IA. Mr. Metcalf is requesting a fifteen (15) inch slide gate valve be installed on the existing drainage tile that crosses his property. Mr. Metcalf would be responsible for monitoring and maintaining the valve as well as paying for the valve, materials and installation. There would be no assessment to the landowners in the district for this project. The Board recognized a written objection from Loretta Kendall and oral objections were voiced by Brent Sanderson, farm manager for Jacquline Sonstegard and Steve Hansen, tenant of Kathleen Derner, and land owner Robert Swan.
The Board and hearing attendees held much discussion regarding alternatives to a slide gate solution. No Board action was taken to allow John Metcalf permission to install a fifteen (15) inch slide gate valve to manipulate the tile line of the Clay County Drainage District # 37 in order to control the back flow of water onto his property located in the SE ¼ of the SW ¼, Section 28, T‐96N, R‐35W, Lake Township. Mr. Metcalf would be responsible for monitoring and maintaining the valve as well as paying for the valve, materials and installation. There would be no assessment to the landowners in the district for this project. Motion by Chalstrom, seconded by Swanson to adjourn at 2:19 p.m. to the next called meeting by the Chairperson. All present voted Aye. Motion carried. /s/Marjorie A. Pitts, County Auditor /s/ Burlin H. Matthews, Chairperson
September 16, 2014
Drainage District #37 Meeting The Clay County Board of Supervisors met as trustees of Drainage District #37 at 9:27 a.m. Members present: Supervisors Brockshus, Chalstrom, Matthews, Skow and Swanson. Motion by Chalstrom, seconded by Swanson to appoint Supervisor Matthews as Chairperson for this meeting, and to appoint County Auditor, Marjorie Pitts as Secretary for this meeting. All present voted Aye. Motion carried. Motion by Chalstrom, seconded by Swanson that the minutes of the Drainage District #37 held September 2, 2014 are hereby approved as submitted. Motion carried. Clay County Board of Supervisors September 16, 2014 8 The Clay County Board of Supervisors received a drainage petition on September 12, 2014 from Drainage District # 37. 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. The Chairperson re‐convened the regular board meeting at 9:42 a.m. /s/ Burlin H. Matthews, Chairperson, Clay County Board of Supervisors ATTEST: /s/ Marjorie A. Pitts, County Auditor
April 10, 2018
The Clay County Board of Supervisors met as trustees of Drainage District # 37 at 10:13 a.m. Members present: Anderson, Matthews, Skelton, Skow, Swanson, Clay County Auditor-Marjorie Pitts and Jon Rosengren and Don Etler. Motion by Skow, seconded by Swanson to appoint Supervisor Anderson as Chairperson for this meeting, and to appoint Marjorie Pitts as Secretary for this meeting. All present voted Aye. Motion carried. 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 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. There are approximately 100 square miles in the District of which only 7,983 acres have been assessed for benefits. Annexation of approximately 56,960 acres of benefited lands not in the district. The decision to annex would be after the district makes the decision at public hearing to construct the necessary repair, the recommended improvement, or nothing. Annexation should be completed prior to levying the cost of the major repair or improvement. Drainage District 37 has never been reclassified and the original assessment schedule dates from 1919. Motion by Matthews, seconded by Skow accept the Engineers Report. Motion carried. The Chairperson adjourned the meeting for Drainage District #37 at 10:31 a.m. /s/Marjorie A. Pitts, County Auditor /s/Barry Anderson, Chairperson
August 14, 2018
The Clay County Board of Supervisors met as trustees of Drainage District #37. Members present: Supervisors Anderson, Matthews, Skelton and Swanson. Absent: Supervisor Skow. Motion by Matthews, seconded by Swanson to appoint Supervisors Anderson as Chairperson for this meeting, and to appoint Marjorie Pitts, County Auditor as Secretary for this meeting. Motion carried. Motion by Skelton, seconded by Matthews to approve scheduling the hearing date on the proposed improvements needed to bring needed drainage relief, remove the trees on soil banks, repair the ditch side slopes and level the existing soil. The public hearing date will be at 1:00 p.m. on Tuesday, December 4, 2018 in the Board of Supervisor’s Room of the Clay County Administration Building located at 300 West 4th Street, Spencer, IA. The County Auditor is directed to notify property owners within the described drainage district by direct mail concerning the hearing date and time. Motion carried. Motion by Matthews, seconded by Swanson to adjourn the Drainage District #37 meeting at 9:16 a.m. Motion carried. /s/Marjorie A. Pitts, County Auditor /s/Barry Anderson, Chairperson
December 4, 2018
The Chairperson reconvened the board meeting at 1:02 p.m. as Trustee’s for Drainage District #37. The Clay County Board of Supervisors as trustees of Drainage District #37 convened their meeting on December 4, 2018 at 1:02 p.m. Members and guests present: Supervisors Matthews, Skelton, Anderson and Swanson, Don Etler and Jon Rosengren from Bolten & Menk, Inc., Attorney Jim Hudson, and thirty-one (31) attendees representing property owners in Drainage District 37 and Motion by Matthews, seconded by Skelton to appoint Supervisor Anderson as Chair and Clay County Auditor, Marjorie Pitts as Secretary for this meeting. Motion carried. 1:00 p.m. The time having arrived for the 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. Attorney Hudson began the meeting pointing out the purpose and potential decisions to be made regarding the proposed project. Engineers Etler and Rosengren presented the various proposals, illustrated with maps, to the attendees and fielded questions from the audience. There are eight-six (86) landowners covering 8,466 acres in Drainage District 37. The Engineers submitted additional information to supplement the Engineer’s Report as originally filed including alternative pumped outlets, existing channel versus repair/improvements and impacts upon the tile function from a historical design of the system. For Branch 244 failure to keep trees out of the channel has resulted in a reduction in capacity of 48% from the original capacity of the tile. If improved the capacity would be increased by 32%. Included in the proposed amendment are three charts showing the acres of ponding in the large pothole near the outlet of Branch 244 for the existing tile or a properly sized future improvement resulting from either repairing or improving the channel. The amended report also looked at some of the larger tile drained sub-watersheds in the district to show the financial impact to each resulting from both the failure to maintain the outlet and the recommended improvement. The proposed open ditch improvement is estimated to cost at most $100-$150 per acre more than the repair for the highest assessed lands in the district. Discussion on wetland determinations and delineation was reaffirmed that any property without a valid determination on file with the NRCS will be in technical violation of the Farm Program. The Engineers of Bolton & Menk still continued to recommend both the repair and improvement of the Drainage District 37 Main Open Ditch as the lowest cost options available for the relief of drainage for the lands in the district. The Board acknowledged the following written objections from local residents as listed: Kathy Derner, Tom Derry, Kirby Sampson, Steven Hansen, Robert Swan, Anita Bomgaars of RC Holdings, Marcia Jorgensen, Chad Moser, Joan Schumann, Karol Toland, Nancy Toland, Clark Toland, Gregg Toland, Ralph Selzer, Patricia Cohen, David Wyatt, Daniel Wyatt, Christine Wyatt, Donna Arndt, Lyle Crouse, Patricia Crouse, Sherry Groenewold of Scoles Family Trust, Nancy Moser, LeAnn McGranahan, Loretta Kendall, Matthew Cooper, Bonnie Brown, Daryl Long, Diane Parks, David Wyatt, David & Bradley Maurer, and Bill and Colleen Gerdeman. Motion by Skelton, seconded by Swanson to set the interest rate at 5% on any single assessment and assessments exceeding $500 per parcel may be paid in installments over a twenty (20) year period by signing a waiver at the office of the County Auditor. Any assessment made on any tract of land, parcel, or lot within the district which is computed at less that $5.00 shall be fixed at $5.00 as provided by Iowa Code Section 468.50. Motion by Matthews, seconded by Skelton to continue the hearing to January 14, 2019 at 9:00 a.m. at the Clay County Administration Building. Motion carried. Motion by Skelton, seconded by Swanson to adjourn the drainage meeting at 3:32 p.m. Motion carried. The Chairperson adjourned the regular Board meeting at 3:32 p.m. to convene at the next Auditor’s called meeting December 18, 2018 at 8:30 a.m. /s/Marjorie A. Pitts, County Auditor /s/Barry Anderson, Chairperson
December 18, 2018
As part of the regularly scheduled Board of Supervisors meeting: 11:15 a.m. Dale Langner, Alan McGranahan, and John Metcalf met with the Board regarding the recent Drainage District #37 public hearing and the upcoming hearing on January 14, 2019. Langner asked to receive a list of landowners in the district in digital form which will be provided.
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. Members present: Supervisors Swanson, Skelton, Anderson, Matthews, and Hamrick. Guests: Attorney Jim Hudson, Don Etler and Jon Rosengren from Bolton & Menk, Inc., County Engineer William Rabenberg, Clay County Drainage Technician Aaron Rutter and twenty-three (23) attendees.
Chairperson Swanson led meeting in the Pledge of Allegiance.
Motion by Trustee Matthews, seconded by Trustee Anderson to appoint TrusteeSwanson as Chair and Clay County Auditor, Marjorie Pitts as Secretary for this meeting. Motion carried.
9:00 a.m.: The time having arrived for the continuance of the public hearing to receive and consider any objections and other comments to the report and amendments submitted by the engineers from Bolton & Menk, Inc., Spencer, Iowa for proposed repairs and/or improvements to the Drainage District #37 tile system. Attorney Judson began the meeting with an explanation of the continuance of the public hearing and the process by which project objections are heard and applied to the outcome of the hearing. Hudson further explained the differences between mandatory repairs and proposed improvements. Engineer Rosengren presented the Trustees with Amendment #2 stating the confirmation from the Iowa DNR Floodplain Section that will not require a two-stage ditch as a condition of the permit. The Amendment goes on to explain the outcome differences if the ditch is repaired opposed to improved and the options of annexation of watershed and the lands outside of DD #61. Amendment #2 also opens discussion of the ‘Common Outlet’ process and procedural requirements.
Attorney Hudson explained the Common Outlet option and its relative benefit to the District.
11:30 a.m. Chairperson Swanson asked for project objections to be read. Attorney Hudson read and offered opportunity for clarification and explanation of the objections until 1:30 p.m. 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.
Motion by Trustee Anderson, seconded by Trustee Matthews to approve the Main Open Ditch Improvements contingent upon obtaining the necessary permits and regulatory approvals necessary to complete the project and to direct the Engineers to prepare the necessary plans and specification to proceed to a bid letting. Motion carried with all ayes.
Motion by Trustee Matthews, seconded by Trustee Skelton to set the bed letting for Drainage District 37 Main Open Ditch Improvements to be held on Tuesday, March 26, 2019 at 10:00 a.m. at the Clay County Administration Building Board room. Motion carried.
Motion by Trustee Hamrick, seconded by Trustee Skelton to adjourn the drainage public hearing at 2:15 p.m. Motion carried.
February 5, 2019
The Clay County Board of Supervisors met pursuant to adjournment February 5, 2019 at 8:30 a.m. in the boardroom with Chairperson Swanson presiding and with the following other members present: Supervisors Hamrick, Matthews, Skelton, Deputy Auditor Ann Baschke, and Auditor Marjorie Pitts as clerk for the meeting. Chairperson Swanson led the meeting in the Pledge of Allegiance.
Unless otherwise indicated, all of the motions offered at this meeting were carried with the following vote: Ayes: Hamrick, Matthews, Skelton and Swanson. Nays: None. Abstentions: None. Absent Supervisor Anderson.
Motion by Skelton, seconded by Hamrick that the Board meeting agenda for February 5, 2019 be received and placed on file with the County Auditor as approved. Motion carried.
Motion by Matthews, seconded by Skelton to appoint Robert Goodwin, Attorney at Law, 311 Lincoln Way #1, Ames, IA 50010 as the attorney of record for the Notice of Appeal filed by Allen McGranahan, David Wyatt and Robert Swan for Drainage District 37. Motion carried.
The board conducted a budget workshop for fiscal year 2020.
The Chairperson adjourned the meeting at 10:51 a.m. to convene at the next Auditor’s called meeting February 12, 2019 at 8:30 a.m.
/s/Marjorie A. Pitts, County Auditor /s/Randy Swanson, Chairperson
February 26, 2019
Matthews reported on a meeting Dan Skelton and himself had with Lee Schoenewe regarding mediation on D.D. #37.
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
9:20 a.m. – Set Bid letting date & time. The Clay County Board of Supervisors met as trustees of Joint Drainage District #37 on Tuesday, April 23, 2019 at 9:24 a.m. Members present: Supervisors Anderson, Matthews, Skelton, Hamrick, and Swanson.
Motion by Anderson, seconded by Matthews to appoint Supervisor Swanson as Chairperson and Marjorie Pitts, Clay County Auditor as Secretary for this meeting. Motion carried.
Motion by Skelton, seconded by Anderson to set the bid letting for Drainage District #37 Improvement Project to June 18, 2019 at 11:00 a.m. in the Clay County Board of Supervisor’s room in the Clay County Administration Building. Sealed bids will be received at the office of the Auditor of Clay County, Iowa for furnishing of materials and construction of drainage improvements until 11:00 a.m. on June 18, 2019. At which time the Clay County Board of Supervisors, acting as trustees for Drainage District #37 will meet for considering the bids. Motion carried.
The Chairperson recessed the Drainage District #37 meeting at 9:33 a.m. to convene the regular Board of Supervisors meeting.
/s/Randy Swanson, Chairperson, Clay County Board of Supervisors ATTEST: /s/Marjorie A. Pitts, County Auditor
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 convened as Trustees of Drainage Districts #37 at 10:30 a.m. Attendees: Alan and Cindy McGranahan, Robert Swan, Stephen Swan, Don Etler, and Jon Rosengren.
Motion by Anderson, seconded by Matthews to appoint Supervisor Swanson as Chairperson and Clay County Auditor Marjorie Pitts as Secretary for this meeting. Motion carried.
Motion by Hamrick, seconded by Skelton to accept the engineering plans and specifications presented by Jon Rosengren from Bolton & Menk, Inc., 218 11th Street SW Plaza, Spencer, Iowa for Drainage District 37 ditch improvement project bid letting which are valid for ten (10) years. Motion carried / failed.
No Board action taken to set the Drainage District 37 ditch improvement project bid opening to review and consider the sealed bids which were received in the office of the Clay County Auditor on June 18, 2019 in the boardroom of the Clay County Administration Building, 300 West 4th Street, Spencer, Iowa.
No Board action taken to set the Drainage District 37 improvement project awarding of bids for June 18, 2019 in the boardroom of the Clay County Administration Building, 300 West 4th Street, Spencer, Iowa.
Motion by Skelton, seconded by Hamrick to acknowledge the receipt of Petitions for Election of Private Trustees pursuant to Chapter 468, Subchapter III, Part 1 of the Iowa Code. The petition reads in paraphrase: to petition the Clay County Board of Supervisors, serving as the Board of Trustees for Clay County Drainage District #37 to place the district under the control and management of a board of trustees to be elected by the persons owning land in the district that has been assessed for benefits. Motion carried.
Trustee Matthews leaves the meeting at 10:50 a.m.
Motion by Hamrick, seconded by Anderson to set the next regular Drainage District #37 meeting to canvass the petitions for Wednesday, May 22, 2019 at 1:00 p.m. Motion carried.
The Chairperson adjourned the Drainage District #37 meeting at 11:05 a.m. to reconvene the regular board meeting.
/s/Marjorie A. Pitts, County Auditor /s/ Randy Swanson, Chairperson
May 22, 2019
The Clay County Board of Supervisors, acting as Trustee’s for Drainage District #37 met pursuant to adjournment May 22, 2019 at 1:00 p.m. in the boardroom with the following members present: Supervisors Anderson, Hamrick, Matthews, Skelton, Swanson, Assistant County Attorney Barry Sackett, and Auditor Marjorie Pitts.. Attendees: Steve and Connie Swan, Cindy McGranahan, David G Wyatt, Robert Swan, Aaron Rutter, Engineer William Rabenberg, Ann Baschke, Kris Toay.
Motion by Hamrick, seconded by Skelton to appoint Supervisor Swanson as Chairperson and Marjorie Pitts, Clay County Auditor as Secretary for this meeting. Motion carried.
Motion by Matthews, seconded by Anderson that the Board meeting agenda for May 22, 2018 be received and placed on file with the County Auditor as approved. Motion carried.
Motion by Anderson, seconded by Skelton to enter into closed session pursuant to Iowa Code Chapter 21.5(c) at 1:02 p.m. to discuss strategy with counsel in matters that are presently in litigation. Motion carried.
Motion by Matthews, seconded by Anderson to exit the closed session at 1:33 p.m. Motion carried.
Motion by Skelton, seconded by Hamrick to receive from the County Auditor, the Petitions for Election of Private Trustees from Clay County Drainage District #37 requesting to place the district under the control and management of a board of trustees to be elected by the persons owning land in the district that has been assessed for benefits. Motion carried.
The Board proceeded to canvass the Petitions for Election of Private Trustees for Clay County Drainage District #37. The canvass could not be completed due to questions related to ownership and signatures on a number of petitions.
Motion by Hamrick, seconded by Anderson to adjourn the meeting at 2:04 p.m.
/s/Marjorie A. Pitts, County Auditor /s/ Randy Swanson, Chairperson
June 18, 2019
The Clay County Board of Supervisors, acting as Trustee’s for Drainage District #37 met pursuant to adjournment June 18, 2019 at 1:30 p.m. in the boardroom with the following members present: Supervisors Anderson, Matthews, Skelton, Swanson, Assistant County Attorney Barry Sackett, and Auditor Marjorie Pitts. Absent: Supervisor Hamrick. Attendees: Cindy McGranahan, David Wyatt, Dale Langner, Aaron Rutter, Kris Toay, Joseph Hopper.
Motion by Skelton, seconded by Matthews to appoint Supervisor Swanson as Chairperson and Marjorie Pitts, Clay County Auditor as Secretary for this meeting. Motion carried.
Motion by Matthews, seconded by Anderson that the minutes of the Drainage District #37 Meetings held May 21, 2019 and May 22, 2019 are hereby approved as submitted. Motion carried.
Assistant County Attorney Barry Sackett and Attorney Robert Goodwin from Goodwin Law Firm advised the Board and those in attendance how to canvass a petition for Trustee Management per Iowa Code 468.501 and 468.533. After contemplating the above intent of Iowa Code, the decision was made that Drainage District 37 was to be broken down by six different categories of ownership: single ownership, dual ownership, corporations, trusts/estates, multiple ownership, and government. There were 81 uniquely distinctive ownerships in DD37. From there, the majority (over 50%) within the unique distinctiveness should be determined and noted whether it was to be included in the petition count or not. In other words, commonly owned land will have one petition count if signed by over 50% of the landowners.
The Board proceeded to canvass the Petitions for Election of Private Trustees for Clay County Drainage District #37 received by the County Auditor on May 20, 2019 and at the May 22, 2019 Drainage District #37 meeting. Upon completion of the canvass, the following results were declared by the Clay County Board of Supervisors.
Ownership Category Owner-ship Count Petition Count
Single 19 9
Dual 19 9
Corporation 15 8
Trust/Estate 14 6
Multiple 11 7
Government 3 0
Grand Totals 81 39
Motion by Anderson, seconded by Matthews to declare the May 20, 2019 petition did not pass to request the district be placed under the control and management of a board of trustees elected by the persons owning land in the district that has been assessed for benefits.
Motion carried. Motion by Matthews, seconded by Anderson to adjourn the Drainage District meeting at 2:06 p.m. Motion carried.
/s/Marjorie A. Pitts, County Auditor /s/ Randy Swanson, Chairperson
July 30, 2019
The Clay County Supervisors, having indicated a desire to come to an understanding, 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 at the regular meeting of the Board under “Concerns by Citizens”. 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 10, 2021
DD 37 Transition to Private Trustees Discussion – Much discussion was held by the supervisors and Drainage District 37 (DD37) property owners on the court ruling to allow an election of private trustees to manage the drainage district. Drainage Attorney Robert Goodwin informed the board members they can appeal the decision to the Iowa Supreme Court by August 24, 2021. The Court can grant further review or deny. DD37 property owners/interested parties Robert Swan, Lynn Swan, David Wyatt, Dale Langner and Adam Metcalf addressed the board on their concerns. It was board consensus to hold a special meeting on August 17, 2021 at 1:00 pm to discuss litigation.
August 17, 2021
The Clay County Board of Supervisors met pursuant to adjournment August 17, 2021, at 1:00 p.m. in the Boardroom with Chairperson Hamrick presiding and with the following other members present: Supervisors Anderson, Matthews, Skelton, Swanson, and County Auditor Ann Baschke as clerk for the meeting. Assistant Clay County Attorney Barry Sackett and Drainage Attorney Robert Goodwin joined by conference call. Chairperson Hamrick led the meeting in the Pledge of Allegiance. Unless otherwise indicated, all of the motions offered at this meeting were carried with the following vote: Ayes: Anderson, Matthews, Skelton, Swanson and Hamrick. Nays: None. Abstentions: None.
Motion by Skelton, seconded by Swanson to appoint Supervisor Hamrick as Chairperson and Ann Baschke, Clay County Auditor as Secretary of this meeting. Motion carried.
Motion by Matthews, seconded by Anderson that the agenda for August 17, 2021, be received and placed on file with the County Auditor as approved. Motion carried.Motion by Anderson, seconded by Matthews to enter in to closed session at 1:03 p.m. pursuant to Iowa Code Chapter 21.5(c) to discuss strategy with counsel in matters of DD#37 Court of Appeals ruling to allow the election of private trustees. Roll Call Vote: Ayes: Anderson, Matthews, Skelton, Swanson, Hamrick. Nays: None. Motion carried.
Motion by Matthews, seconded by Anderson to exit the closed session at 1:52 p.m. Roll Call Vote:Ayes: Anderson, Matthews, Skelton, Swanson, Hamrick. Nays: None. Motion carried.
Motion by Matthews, seconded by Skelton to accept the Court of Appeals of Iowa decision to allow an election of private trustees to manage Drainage District 37. The Board will set an election date at their next regular meeting on August 23, 2021. Roll Call Vote: Ayes: Anderson, Matthews, Skelton, Swanson, Hamrick. Nays: None. Motion carried.
The Chairperson adjourned the meeting at 2:05 p.m. to convene at the next Auditor’s called meeting August 23, at 8:30 a.m./s/Ann Baschke, County Auditor /s/Art Hamrick, Chairperson
August 23, 2021
Moved by Swanson, seconded by Matthews to adopt the following resolution to set an election date for DD #37 to transfer the management of said drainage district from the County Board of Supervisors to a Private Board of Trustees; to appoint 3 judges and 2 clerks to conduct the DD #37 Private Trustee Election:
RESOLUTION #2021-28 ORDER OF ELECTION FOR DD 37 PRIVATE TRUSTEES
BE IT RESOLVED by the Clay County Board of Supervisors:
Whereas, there was on the 20th day of May, 2019, filed in the office of the County Auditor of Clay County, Iowa, a petition signed by a majority of the landowners within said Drainage District 37, Clay County, requesting that the said Drainage District be placed under the management of a Board of Trustees, pursuant to and under the provisions of Chapter 468, Code of Iowa, said Trustees to be elected by persons owning land within the said Drainage District, and Whereas, the Board of Supervisors had canvassed the petition the 18th of June, 2019 finding that the petition was not signed by a majority of the landowners within said drainage district, and that the petition was insufficient in form and substance for the transfer of the management of said drainage district to a Board of Trustees as provided by law. The petitioners subsequently sought relief from the Iowa District Court regarding the method the Board of Supervisors utilized to canvass the vote and the District Court ruled in favor of the petitioners and ordered the Board of Supervisors to transfer management of the drainage district to a Board of Trustees as provided by law. This decision was appealed and the Iowa Court of Appeals upheld the District Court finding. The Board of Supervisors chose not to pursue further appeal.
NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Clay County, Iowa, that an election shall be held as provided by Chapter 468, Code of Iowa, to elect three trustees to manage the affairs of the said Drainage District; that the election shall be held at the Dickens Community Center, 100 Main Street, Dickens, IA, near said Drainage District on September 28, 2021; and that pursuant to the provisions of Section 468.516, Code of Iowa, the polls shall be open at 1:00 p.m. and remain open until 5:00 p.m. BE IT FURTHER RESOLVED that Dick Montgomery, Candace White, and Jennifer Loudermilk shall act as Judges of Election, and that Bonny Swart and Mary Ann Wassom shall act as Clerks of the Election. Two alternates named are: Chad Moser and Dian Parks.
The above and foregoing resolution was adopted by the Board of Supervisors of Clay County, Iowa, this 23rd day of August, 2021 and the vote thereon being as follows: Ayes: Supervisors Skelton, Anderson, Matthews, Swanson, Hamrick. Nays: None. Abstentions: None.
/s/Ann Baschke, County Auditor
/s/Art Hamrick, Chairperson
Clay County Board of Supervisors
September 7, 2021
Motion by Matthews, seconded by Skelton to set the canvass of the September 28, 2021 DD #37 Private Trustee Election on Monday, October 4, 2021 at 9:00 a.m. in the Boardroom of the Clay County Administration Building, 300 West 4th Street Spencer, Iowa 51301. Motion carried.
Motion by Matthews, seconded by Anderson to adopt the following resolution:
RESOLUTION No. #2021- 29 RE-APPOINT JUDGES AND CLERKS TO CONDUCT ELECTION FOR DD 37 PRIVATE TRUSTEES BE IT RESOLVED by the Clay County Board of Supervisors:
WHEREAS, on August 23, 2021, the Clay County Board of Supervisors adopted Resolution No. #2021-28 appointing Dick Montgomery, Candace White, and Jennifer Loudermilk to act as Judges of Election, and Bonny Swart and Mary Ann Wassom to act as Clerks of Election for the September 28, 2021, election for DD 37 Private Trustees. Two alternates named were: Chad Moser and Diane Parks.
WHEREAS, Dick Montgomery, Candace White, Bonny Swart and Chad Moser are unable to fulfill the appointment.
NOW THEREFORE BE IT RESOLVED that Jennifer Loudermilk, Mike White and Diane Parks shall act as Judges of Election and that Mary Ann Wassom and Robin Galbraith Barnes shall act as Clerks of the Election.
The above and foregoing resolution was adopted by the Board of Supervisors of Clay County, Iowa, this 7th day of September, 2021 and the vote thereon being as follows: Ayes: Supervisors Skelton, Anderson, Matthews, Swanson, Hamrick. Nays: None. Abstentions: None.
/s/Ann Baschke, County Auditor
/s/Art Hamrick, Chairperson
Clay County Board of Supervisors
October 4, 2021
The Clay County Board of Supervisors met pursuant to adjournment October 4, 2021 at 9:00 am in the Boardroom as trustees of Drainage District #37 with Chairperson Hamrick presiding and with the following other members present: Supervisors Anderson, Matthews, Skelton and Auditor Ann Baschke as clerk for the meeting.
Chairperson Hamrick led the meeting in the Pledge of Allegiance.
Unless otherwise indicated, all of the motions offered at this meeting were carried with the following vote: Ayes: Anderson, Matthews, Skelton, and Hamrick. Nays: None. Abstentions: None.
Motion by Matthews, seconded by Skelton to appoint Supervisor Hamrick as Chairperson and Ann Baschke, Clay County Auditor as Secretary of this meeting. Motion carried.
Motion by Anderson, seconded by Swanson that the agenda for October 4, 2021, be received and placed on file with the County Auditor as approved. Motion carried.
Kim Galbraith acted as a judge at the September 28, 2021, election. Diane Parks being unable to fulfill her appointment due to illness.
Motion by Swanson, seconded by Skelton to accept and sign the Certificate of the Results of the Election of Trustees of Drainage District 37, Clay County, Iowa held September 28, 2021. Motion carried.
Motion by Matthews, seconded by Anderson to adopt the following resolution:
RESOLUTION NO. #2021-31 Election of Trustees of Drainage District 37 Results
The Board of Supervisors of Clay County, Iowa met for the purpose of canvassing the returns of the election of Drainage District 37 in Clay County, Iowa. Supervisors present: Anderson, Matthews, Skelton, Swanson and Hamrick.
The Board of Supervisors proceeded to canvass the returns of the Drainage District #37 Private Trustees Election held on the 28th day of September 2021 to elect three trustees to manage the affairs of said Drainage District pursuant to the provisions of IA Code 468.517. The election was held at the Dickens Community Center, 100 Main Street, Dickens, IA, near said Drainage District and the polls were open from 1:00 pm until 5:00 pm. Upon completion of the canvass, we hereby certify that 37 ballots were cast in the election in Clay County and declare that the three trustees elected are Bill Gerdeman, Rodney K. Dillard, and Allen McGranahan whose terms of office, pursuant to the provisions of the Code of Iowa, should expire on the 4th Saturday in January, 2022 or until their successors are elected and qualified.
The Board then certified the results of their canvass to the County Auditor of Clay County, Iowa pursuant to the provisions of Section 468.517, Code of Iowa.
The above and foregoing resolution was adopted by the Board of Supervisors of Clay County, Iowa, this 4th day of October, 2021 and the vote thereon being as follows: Ayes: Supervisors Skelton, Anderson, Matthews, Swanson, Hamrick. Nays: None. Abstentions: None.
/s/Ann Baschke, County Auditor
/s/Art Hamrick, Chairperson
Clay County Board of Supervisors
The Chairperson adjourned the meeting at 9:15 am, to convene at the next Auditor’s called meeting
October 5, 2021, at 8:30 a.m.
/s/Ann Baschke, County Auditor
/s/Art Hamrick, Chairperson