MONONA COUNTY BOARD OF SUPERVISORS MEETING JULY 12, 2022 The Monona County Board of Supervisors met in regular session at 8:30 a.m. o’clock on Tuesday, July 12, 2022 in the boardroom of the courthouse in Onawa, Monona County, Iowa with Chairman Fox presiding. Other, Supervisors present: Tom Brouillette and Vince Phillips. Supervisor Absent: None. Also, present was Auditor Peggy A. Rolph. Motion was made by Supervisor Phillips, seconded by Supervisor Brouillette to approve the agenda. Vote on motion: All Ayes. Motion carried. Kelly Seward, Recorder and Ian McConeghey, County Attorney were present to discuss rescinding Ordinance #55 Permitting the Operation of Off-Road Utility Vehicles in Monona County due to the state enacting HF2130. ††House File 2130 allows for the use of ORV’s on the County’s secondary Roads.† The Recorder and the County Attorney are recommending the Board of Supervisors rescind the Ordinance.† Motion was made by Supervisor Fox, seconded by Supervisor Brouillette to set the date for a public hearing to rescind Ordinance #55 on August 2nd at 11 a.m. Vote on motion: All Ayes. Motion carried. Secondary Roads Engineer Dustin Wallis was present for Secondary Roads business. Motion was made by Supervisor Fox, seconded by Supervisor Phillips to approve amended personal protective equipment and clothing policy. Vote on motion: All Ayes. Motion carried. Discussion items were gravel roads, Barge Road, spraying weeds, and placing a notice in the Grapevine. No action was taken. The Board of Supervisors of Monona and Harrison Counties, Iowa, as Joint Trustees of the McNeill Inter-County Drainage District of Monona and Harrison Counties, Iowa, met on Tuesday, July 12, 2022 at 10:00 oíclock a.m. at the Onawa Public Library, Onawa, Monona County, Iowa. Supervisors present were: Bo Fox, Chairman, Vince Phillips and Tom Brouillette, Monona County; and Walter Utman, Tony Smith and John Straight, Harrison County. Others present: Peggy Rolph, Monona County Auditor; Lisa Jones and Shannon McDonald, Monona County Drainage Clerks, Elizabeth Lenz, Harrison County Drainage Clerk, Ivan D. Droessler, Engineer, Spencer Pech, Graduate Engineer with I & S Group, Dustin Wallis, Monona County Engineer and Attorney Matt Minnihan. MCNEILL INTER-COUNTY MAIN HEARING Landowners and interested parties present were: James Alexander; Beverly Alexander; Jim Ruffcorn; Dennis & Edna Mae Stanislav; Larry Hutchinson; Lee Phipps; Scott Phipps; Jim Benson; Allie Miller; Leonard Ramm; Garry Hutchinson; Rick Stanislav; Al Carrier; Greg Willey; Robert Pekarek; Rogene Pekarek; Matt Dehn; Mike Dehn; Ron Cutler and Sue Cutler. Chairman Fox announced this is the time and place for hearing on the Engineer’s Report on the repair of the McNeill Main Inter-County Drainage District. The following written objections to the Engineer’s Report were filed prior to the time of the hearing: 1. Harold Ruffcorn Family Trust 2. J.L.N. Trust 3. James & Mary Ruffcorn Trust 4. John W. Comfort 5. Lee Phipps 6. Christine L. Mahloch 7. Greg & Rhonda Willey 8. James & Beverly Alexander 9. Peter Alexander 10. Otter Farm LLC 11. Gary Hutchinson 12. Al Carrier Chairman Fox asked if anyone else had a written objection to file before the hearing began. No additional objections were filed. Attorney Minnihan stated the purpose of today’s meeting was to review the engineer’s report along with updated costs. He explained that on May 31, 2022, the joint boards of the McNeill Drainage District of Monona County and Harrison County held a joint meeting and decided to pursue the repairs and cleanout of the McNeill Ditch and instructed the engineers to file a report. The report that was put on file is a previous report from 2013 which that report is allowed through Iowa Code to be submitted since the report is less than 10 years old. That report was submitted to the Auditors Office in both Monona and Harrison counties. Notices were sent out to landowners and sent to two local newspapers to be published in compliance with Iowa Drainage Code along with being posted on the websites in both counties. All landowners were given the right to file objections up to the time of today’s meeting. Those objections were read at the beginning of the meeting today. Engineer Ivan Droessler gave a brief history of the District and reviewed the Engineer’s Report including a detailed outline. He discussed recommendations for the proposed repair. Droessler indicated that since May there was additional survey work done to update quantities which included approximately 53,000 yards of additional material. We have also filed with the joint board and the Auditor’s Office the updated cost estimate to go along with the original report. The original petitions filed were from August 2011 and September 2011. The public hearing was held on July 30, 2013. The boards at that time did not proceed with the cleanout and rejected the petitions for the actual repairs. Drone coverage of the open ditch was projected for viewing during today’s hearing.Droessler explained the outline of recent procedures that brought us to todays public hearing, as well as, the current condition of the ditch. There are (11) laterals on the McNeill ditch, (19) road crossings of which the majority of these are above the original grade line and the railroad has (2) crossings which are also above the original grade line. There are also (5) private crossings. On the private crossings, the district will take care of removal and salvage of these crossings and it is the landowners responsibility for reinstallation of these crossings. Tube size and grade would need to be district approved. At this time, Graduate Engineer Spencer Pech reviewed the updated quantities and costs. Road crossings were reviewed. He noted there was substantial silting in ditch. Any spoils will be placed on both sides of the ditch and distributed evenly into the fields. As part of this update an analysis of the outlet was done. There are (2) existing pipes at the outlet with flap gates ñ a 72î pipe installed on grade line and a 48î pipe installed higher up. The board had instructed the engineers to look at possibly installing an additional 48î. They do recommend adding the additional 48î to provide additional capacity on the McNeill. The engineers are recommending this repair be done in (2) phases beginning at the lower end of the ditch up to the first railroad crossing. During that time, communication can be made with Union Pacific regarding them lowering their culverts. Once the railroad crossings are lowered Phase 2 of the project could begin. This district is not a levee facility but it does outlet into the Monona Harrison which is a flood control system with levees. The Chairman then opened the hearing for questions and discussion. Engineer Droessler and Graduate Engineer Spencer Pech responded to the questions presented, which included pumping, placement of silt, outlet at the Monona Harrison, railroad response time, annexation, removal of parcels, reclassification and more. Following lengthy discussion, it was moved by Phillips, seconded by Brouillette to close the hearing. Vote on motion: Ayes: Fox, Phillips, Brouillette, Utman, Smith and Straight. Nays: None. Motion carried. It was moved by Brouillette, seconded by Smith to approve the Engineerís Report for full cleanout to be completed in two phases. Vote on motion: Ayes: Fox, Phillips, Brouillette, Utman, Smith and Straight. Nays: None. Motion carried. It was moved by Fox, seconded by Brouillette to direct the Engineer to proceed with Right-of-Way Acquisition. Vote on motion: Ayes: Fox, Phillips, Brouillette, Utman, Smith and Straight. Nays: None. Motion carried. It was moved by Straight, seconded by Phillips to direct the Engineer to proceed with the Annexation of the McNeill Main Inter-County Drainage District. Vote on motion: Ayes: Fox, Phillips, Brouillette, Utman, Smith and Straight. Nays: None. Motion carried. It was moved by Fox, seconded by Smith to proceed with Reclassification of the McNeill Main Inter-County Drainage District. Vote on motion: Ayes: Fox, Phillips, Brouillette, Utman, Smith and Straight. Nays: None. Motion carried. It was moved by Smith, seconded by Phillips to direct the Engineer to proceed with the sizing and installation of an additional tube at the outlet of the McNeill Main Ditch into the Monona Harrison. A 48î tube is included in the final cost estimate. Vote on motion: Ayes: Fox, Phillips, Brouillette, Utman, Smith and Straight. Nays: None. Motion carried. The anticipated timeline on this repair for Phase 1 would be bid letting this winter with construction beginning in Fall/Winter of 2023. The Board, on its own motion and vote, duly carried, adjourned as a Joint Drainage Board. Motion was made by Supervisor Fox, seconded by Supervisor Phillips to approve the minutes of July 5, 2022 as read. Vote on motion: All Ayes. Motion Carried. Motion was made by Supervisor Fox, seconded by Supervisor Phillips to approve claims. Vote on motion: All Ayes. Motion Carried. Motion was made by Supervisor Fox, seconded by Supervisor Brouillette to approve Sheriff Departmentís wage change form for Patrick Prorok per Union Contract. Vote on motion: All Ayes. Motion carried. Motion was made by Supervisor Phillips, seconded by Supervisor Brouillette to acknowledge receipt of Monona County Zoning/Environmental Health Quarterly report FY 2022 April-June 2022. Vote on motion: All Ayes. Motion carried. Supervisor Brouillette introduced and moved for adoption the following Resolution, seconded by Supervisor Fox: RESOLUTION 2022-32 TOWNSHIP TRUSTEE AND TOWNSHIP CLERK COMPENSATION WHEREAS: Iowa Code Section 359.46 Compensation of township trustees. 1. A township trustee while engaged in official business shall be compensated at an hourly rate established by the County Board of Supervisor. However, the County Board of Supervisors may establish a minimum daily pay rate for the time spent by the township trustee attending a scheduled meeting of township trustees. The compensation shall be paid by the county except: a. when the trustee is assessing damages done by trespassing animals, payment of the compensation shall be made in the same manner as other costs in such cases. b. when the trustee is acting as a fence viewer or in a case where provision is made for payment form a source other than the general fund of the county. 2. In cases where their fees or compensation are not paid by the county, the trustees shall be paid by the party requiring their services. The trustees shall attach to the report of their proceedings a statement specifying their services, directing who shall pay the fees or compensation, and specifying the amount to be paid by each party. A party who makes advance payment for the services of the trustees may take legal action to recover the amount of the payment from the party who is directed to pay by the trustees unless the party entitled to recovery under this subsection is paid within ten days after a demand for reimbursement is made. WHEREAS: Iowa Code Section 359.47 Compensation of township clerk. A township clerk, while engaged in official business, shall be compensated at the same rate as the pay rate of a township trustee of the same township. NOW, THEREFORE, BE IT RESOLVED: The Board of Supervisors have approved the compensation rate of $20 per meeting for township trustees and township clerks. The township clerks will receive an additional hourly compensation rate of $10 per hour, spent on township financial work with a maximum of 10 hours per year. Date:July 12, 2022 Ayes: /s/ Bo Fox; /s/ Tom Brouillette; /s/ Vincent Phillips Nays: /s/ Bo Fox CHAIRPERSON, BOARD OF SUPERVISORS ATTEST: /s/ Peggy A. Rolph MONONA COUNTY AUDITOR Motion was made by Supervisor Brouillette, seconded by Supervisor Phillips to authorize the Chairman’s signature on letters to the township clerks. Vote on motion: All Ayes. Motion carried. It was moved by Supervisor Fox, seconded by Supervisor Brouillette to hereby adjourn at the hour of 12:58 p.m. o’clock. Vote on motion: All Ayes. Motion Carried. /s/Bo Fox BO FOX, CHAIRPERSON MONONA COUNTY BOARD OF SUPERVISORS ATTEST: /s/Peggy A. Rolph PEGGY A. ROLPH, AUDITOR MP7-28-22
