Supervisors discuss pair of right-of-way matters in regard to roadside properties
by Joe Moses
The Allamakee County Board of Supervisors met in regular session Monday, December 11 to address a full agenda of items including the survey of property at 888 State Highway 9, Morgan Bridge ditch cleaning and the adoption of the Construction Evaluation Resolution for 2018.
During Public Comment, Douglas Weymiller of the rural New Albin area briefly discussed concerns relating to winter road conditions and a steep hill near his property. Weymiller discussed that a stopped school bus would require a complete stop on the hill and that resuming travel up the hill may be impossible in icy road conditions. The Supervisors recommended discussion with Allamakee County Sheriff Clark Mellick but believe a full stop is required by law for a stopped school bus, regardless of the weather or road conditions. Supervisor Dan Byrnes recommended that a turnaround may be needed for the school bus in this instance to help prevent this issue and provide better safety for all involved.
The Supervisors moved into discussion and consideration of the survey of property at 888 State Highway 9 with property owner Dave Newton in attendance. Newton indicated that he would like to re-establish a definite property line in agreement with the County following some confusion created by the movement of the highway with the centerline being used in the original survey of the property. Newton discussed the two-tenths of an acre in question, County right-of-way and the fence line, which he would agree to leave as is.
Byrnes advised that a recommendation from Allamakee County Attorney Jill Kistler is needed in this matter involving the transfer of public property. Board Chairman Larry Schellhammer requested that Allamakee County Zoning Administrator Tom Blake consult with Kistler on this matter. No action was taken at this time and this matter will be added to next week's meeting agenda.
Supervisor Dennis Koenig then left the meeting due to another obligation.
Allamakee County Engineer Brian Ridenour discussed the next agenda item involving the Morgan Bridge ditch cleaning. Ridenour placed aerial photos on the Supervisors Board Room table depicting the Upper Iowa River, Morgan Bridge Road and properties owned by Douglas Weymiller, Don Zoll and Les Colsch, all of which were in attendance, as well as the property of Don Hitchins. Ridenour discussed that Hitchins has requested that the ditch along his property not be cleaned by the County while asserting that he owns property to the road shoulder, including the ditch. Ridenour described the proposed project as a routine ditch cleaning of one and a half to two feet of silt and dirt that was deposited by past flooding.
The Supervisors, Ridenour and the property owners discussed drainage issues contributing to the softness of a portion of Morgan Bridge Road and safety concerns. Ridenour discussed his research regarding the County's jurisdiction and right-of-way regarding the proposed ditch cleaning, indicating that the County does have jurisdiction. The Supervisors and Ridenour discussed having County Attorney Kistler draft a letter to Hitchins and additional legal steps involved in moving forward with the ditch cleaning.
Ridenour commented that he would have preferred to have Hitchins present at the meeting to hear all sides in this matter. Schellhammer indicated that this is not a clear solution, but that the County has a direction in this matter moving forward.
The Supervisors moved into the next agenda item involving the update to the Investment Policy for the County. Allamakee County Auditor Denise Beyer presented the Investment Policy to the Supervisors, which was approved with no changes. The Supervisors and Beyer also discussed setting a time and date for the Fiscal-Year 2018 Budget Amendment Public Hearing, approving January 2, 2018 at 10:30 a.m.
The Board of Supervisors adjourned and reconvened as the Board of Canvassers with Beyer reading aloud the results of the canvass from Waukon's Mayoral run-off election held December 5. The Supervisors declared Pat Stone as the newly-elected mayor of Waukon and adjourned as the Board of Canvassers and reconvened as the Board of Supervisors.
The Supervisors approved the Construction Evaluation Resolution for 2018 as presented involving the Department of Natural Resources (DNR) Master Matrix. This resolution affirms the Supervisors' role in the siting of confined animal feeding operations (CAFO) by allowing the County to submit a formal recommendation to the DNR concerning a particular construction permit application, sending a County employee along on DNR site inspections and the ability to appeal the DNR's decision regarding a construction permit application to the Environmental Protection Commission.
Under Department Head Updates, Allamakee County Sheriff Clark Mellick discussed serving search warrants and drug-related arrests in Waukon and New Albin this past Friday (see associated story above on this same page). Mellick also discussed that two hikers found a body Sunday, December 10 in the wooded area within the Fish Farm Mounds Wildlife Area south of New Albin, advising that the County is waiting on the State Medical Examiners' Office in Ankeny to make a positive identification of the body (see associated story on Page 1A of this week's edition of The Standard).
Mellick, Ridenour and the Supervisors discussed the Allamakee County Courthouse Fourth Floor space, formerly occupied by the Allamakee County Sheriff's Department, being used for record storage for other County offices and departments. Ridenour discussed routine ditch cleaning and road conditions over the weekend in the northern portion of the County. Beyer discussed elections being done and an upcoming evaluation involving the issuance of passports.
Following completion of meeting agenda business, the Supervisors agreed to postpone travel with the County Engineer to view road projects that are part of the County's five-year plan. The tour was originally scheduled as part of Monday's meeting but postponed due to winter weather.
