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January 22, 2013

The White County Drainage Board convened at 10:30 A. M. in the Commissioners’ Room of the White County Building, Monticello, Indiana. Board members present were: Chairman Steve Burton, Drainage Board Member John Heimlich and Drainage Board Member David Diener. Also present were Attorney George W. Loy, Surveyor Bradley E. Ward and Drainage Assistant Mary E. Sterrett.

Also in attendance were:

B. J. Propes-White County Highway Department Jim Milligan

Mike Kyburz-White County Highway Department Doug Roberts

Sharon Watson-White County Soil and Water Todd Frauhiger P. E.

Dan Blaney, Attorney Wayne Schroeder

Galen Schroeder Andy Kyburz

The January 22, 2013 White County Drainage Board was called to order by Chairman Steve Burton.

The first item on the agenda was to approve the minutes from the January 7, 2013 White County Drainage Board Meeting. Board Member David Diener so moved. Board Member John Heimlich seconded the motion. Motion carried.

The White County Drainage Board discussed the appointment of a new Board Member to the Honey Creek-Wolf Ditch Board.

Board Member Diener made a motion to appoint Bruce Furrer as the third member to the Honey Creek-Wolf Drainage Board. Chairman Burton seconded the motion. Motion carried.

Next on the agenda-Open Quotes on the Herman Schroeder Drain #578 Maintenance Project

Five (5) invitations were sent with one quote received. Attorney Loy asked if there was anyone else present that had submitted a quote, no reply.

Quote was as follows:

Gutwein Bulldozing & Excavating: $9,000.00

Surveyor Ward stated that his estimated cost of the project was Twelve Thousand, Five Hundred Dollars ($12, 500.00).

Board Member Heimlich made a motion to accept Gutwein Bulldozing & Excavating’s quote of Nine Thousand Dollars ($9,000.00) for the maintenance project of the Herman Schroeder Drain #578. Board Member Diener seconded the motion. Motion carried.

Next on the agenda-Drainage Review-Wabash Valley Power-Princeton Substation

Engineer Frauhiger presented to the Board the following: (Plans of project being shown to the Board.)

This is the Wabash Valley-Princeton Substation at County Road 1100 and U.S. 24. U.S. 24 is about the closet intersection, about twelve hundred (1200) feet south of U.S. 24. There is a drainage problem in the area. I have talked to a number of the locals out there. There has been a history of water of between a foot to two (2) feet deep on this entire site. I also heard that it has even encroached on the County Road before. Engineer Frauhiger explained the location of the property location to the Board, east of the Piggy Back. Continuing looking at an aerial: It is being cut out of that piece of property (Pilotte farm) and this is an adjoining property with a different property owner. As you can see this area is extremely wet. This property has some drainage that comes back to a water way which you can see. You can see it is dry as it can be out there. The entire area is absolutely flat, table top flat quite honestly. So what is being proposed here is obviously with this being an electrical substation it will have to be kept out of the water. So the site is being brought up three (3) feet. Since it is being brought up three (3) feet there is a drainage basin that exists now. Basically it cannot be picked up and it is this basin P-2. It is basically all around the edge of the site. Which is basically when you bring it up three (3) feet and you grade it back down to grade the water hits the side slope and runs off with no detention. So what they did they over detained basin P1 with the detention pond they put in. They released basin P2, direct release because they could not grab it any other way. Because of the way the site was being graded. What that caused is at the ten (10) year storm they slightly exceeded their allowable discharge by one half of cfs. At the hundred (100) year storm they met their allowable discharge. They were under by about point two (.2) cfs. So they met at one hundred (100) but they did not meet at ten (10). George and I talked but they had requested was basically approval estimated knowing that they were going to be off slightly off on the ten (10) year discharge. I still had some heart burn so yesterday I went over to Schneider and met with the design engineer. Again this is an adjoining piece of property, a different property owner. We know there is a wet spot over there because we can see it from the aerial. What I asked them to do and they contacted Wabash Valley and Wabash Valley approved it. I got an e-mail and a quick drawing of what I requested. What we are going to do is put in a six (6) inch curb all the way along that property, the south property line, at the toe of slope. So when they come up three (3) feet, three (3) to one (1) slope at the toe of slope there is going to be a six (6) inch curb, concrete curb. That six (6) inch concrete curb will have stone placed on the upstream side of it. So any water that comes off of this slope will be caught down against the curb and be kept on site. It will protect the adjoining property owner. The area over here that is not being caught will drain on to the existing property owner who is selling the piece of property. The detention pond drains out into the side ditch along the road. Which travels down this way and back to the grass swale right here. After I got Wabash Valley to agree to that and Schneider to agree to that, I am comfortable recommending approval on it now.

Board Member Diener: With that modification to this plan?

Engineer Frauhiger: That is correct.

Chairman Burton asked if the land owner who is selling this land understands this project.

Engineer Frauhiger replied, Yes, I have not talked to him directly. Schneider said that he had approved and he knows the grading plan. No, I have not talked to him directly.

Attorney Loy explained that there needs to be a letter from Mr. Pilotte on file that he is aware of what is on the plan and that he is ok with it.

Board Member Diener made a motion to approve the Drainage Plan for Wabash Valley Power-Princeton Substation with the addendum added as part of their agreement. There also needs to be a letter from the adjoining property owner, Duane Pilotte. Board Member Heimlich seconded the motion. Motion carried.

Next on the agenda-Tioga Hill Subdivision Requesting a Waiver from the White County Drainage and Sediment Control Ordinance

Surveyor Ward and Jim Milligan presented to the Board the following:

Tioga Hill Subdivision is asking for a waiver from the drainage plan. The City has been contacted about the project. The City’s request was to put some kind of earthen brim in so that any water that would spill over would not spill over on Tioga Road directly. Surveyor Ward stated that he is still waiting for the City’s letter stating that. Surveyor Ward thought he would have the letter last week but he didn’t get it. Jim Milligan showed his survey of the subdivision and talked about how it would drain from the site.

Chairman Burton asked were the City is with this project?

Surveyor Ward said that he had talked to Mr. Houston about it and he was ok with it. The Surveyor thought it was Doug Roberts that had the concern that water was running directly on Tioga Hill.

Doug Roberts stated the only thing we didn’t want, our concern is that if they had more hard surface and they are trying to take that over the hill down along the side of the wall. We did not want that at all. That was our biggest concern.

Attorney Loy: So do we need a plan to approve. You need a plan to show the concerns that were expressed. You are not waiving it completely.

Board Member Heimlich said we need something in writing so the City’s concerns would be addressed.

The matter for the Tioga Hill Subdivision Request for a Waiver from the White County Drainage Ordinance was again tabled until a letter has been received from the City of Monticello addressing their concerns with the Drainage of the Subdivision.

Next on the agenda-Approve Petition for Maintenance on Floyd A. Brown Branch #1Open Drain #682

Surveyor Ward presented to the Board to following:

1. Petition carried and signed by the Streitmatters, Mark, Richard K. and Mike. Land owners in

White County and Jasper County.

2. Shared drain with Jasper County.

3. Location of drain is north of the County Line in Monon Township. Drains into the Floyd A.

Brown Main and then into the Big Monon. The Floyd A. Brown Branch #1 is approximately two (2) miles in length.

4. The Board asked if this would be a Joint Board with Jasper County. Surveyor Ward said

that he has talked to Jasper County about the petition but not talked about a Joint Board.

Board Member Heimlich made a motion to approve the Petition for Maintenance of the Floyd A. Brown Branch #1 Open Drain #682. Board Member Diener seconded the motion. Motion carried.

5. Contact will be made with Jasper County regard their rights.

Next on the agenda-Approve Petition for Filling in the G. W. Chamberlain Branch of the E. Fraser Drain #535

Surveyor Ward presented to the Board a petition to fill in the G. W. Chamberlain Branch of the E. Fraser Drain #535. Arnold Dahlenburg carried the petition with Andrew E. Mattox and Chafica Rogers signing the petition. Arnold Dahlenburg and Gary Cooper did not sign the petition. Surveyor Ward did call Gary Cooper regarding this petition. It was the understanding of the Surveyor that Arnold Dahlenburg just wanted to close in the existing location of the open ditch converting it to a tile. When he returned the petition he wanted to relocate the location of tile. He wanted to run it down the property line.

Attorney Loy stated that would be an agreed Reconstruction all of which would be at Mr. Dahlenburg’s cost.

Mr. Dahlenburg was not present at this meeting however; Board Member Heimlich said that he had talked to Mr. Dahlenburg a couple of times about closing in an open ditch and replacing it with tile. He wanted to be able to farm straight through. Mr. Dahlenburg said the landowners affected by it were ok with it. Board Member Heimlich said he did not say anything about moving the tile. Board Member Heimlich said that he would talk to Mr. Dahlenburg again.

The Board decided to table the petition approval until they could obtain further information of what Mr. Dahlenburg wants to do.

Board Member Heimlich made a motion to table the approval of filling in the G. W. Chamberlain Branch of the E. Fraser Drain #535 Maintenance Petition. Board Member Diener seconded the motion. Motion carried.

Next on the agenda-Discuss the Robert McWilliams Tile Drain #569-Wayne Schroeder with

Attorney Dan Blaney

Attorney Dan Blaney presented to the White County Drainage Board the following:

“My name is Dan Blaney from Morocco and I am a Lawyer. I am more than fifty (50) miles away so the Schroeders thought I would make a good…inaudible word. What we have got here and I gathered this from talking with Brian (Brad) and the Schroeders and reviewing some of the old minutes back from 1983 on the McWilliams Tile. It is my understanding that the McWilliams was put in, I think in 1909 don’t hold me to the exact date. It is an old County Tile and I believe it is a Regulated Drain. They moved Highway 24 in the mid to late nineteen twenties and the Rail Road has been there since 1880. So what we got is the Town of Idaville to the west. We got approximately a half (½) mile or so everything comes down to my understanding approximately five hundred (500) acres in this McWilliams Drainage System. The Schroeders have been farming this property for twenty (20) some year and they bought it a year ago. So now they are the owners. It is approximately eighty (80) acres. What they did once they bought the property they went in and tried to square it up and they tiled it. They have done all this themselves. Well, they run into some problems. The McWilliams doesn’t work. It gets down to, it is probably the Railroad were our problem is and where is goes under the road. The Surveyor has been working with the Railroad and as your Attorney will tell you working with the Railroad is rather a difficult problem. (Discussion on the problems and ownership of the Railroad which is now the Genesse and Wyoming.) What it is we have run into some problems with the State. What I call a constructed Wet Land. We have got Federal Laws and State Laws that you can’t go and drain swamps and things without the approval of everybody which is naturally formed. This is the only reason there is a Wet Land there is because the tile doesn’t work. So what I’m asking you today on behalf of the Schroeders is that you make a commitment to have that tile opened up and put back like it was in 1908. Because we have got to do something with the Soil and Water people. It is just something needs to be done. As the largest land owners they would be paying most of the bill. It does affect in the 1983 minutes, it does affect the whole Town of Idaville or most of it. They are willing to leave one pond there, they do not have any trouble with the one pond. The tile goes underneath Highway 24, the Railroad track and then the County Road. It is a tile for I think approximately about three (3) miles before it goes into an open ditch. That needs to be completed. I believe you talked about it earlier and I am not quite sure what transpired on that. I told Schroeders that I would come over and talk to you and hopefully keep this project going. I appreciate you listening to us. Do we need a petition or anything?”

Board Member Heimlich explained that the Board has talked about doing this. Surveyor Ward has tried to contact the Railroad and has gotten some figures on the cost of boring under the Railroad, etc.

Attorney Loy stated that the Board and Surveyor have tried to contact Rail America which is now called Genesee and Wyoming.

There were discussions on cost of boring under the Railroad, the Highway, the State Highway and utilities that might be on the site. It was stated that there is a State Statue that anytime there is a Regulated

Tile under the State Highway that the State will pay for repairs from right of way line to right of way line.

Mr. Schroeder asked if the casing that would be needed to be put under the Railroad would that be the Railroad’s responsibility. Attorney Blaney answered, not that he knew of. You could get it from the State.

Chairman Burton: We have some ideas and we have some preliminary numbers which may change. You are starting to see the cost involved there. Back to the Gensee and Wyoming and I think you will confirm this until we get their ok it doesn’t matter what we want to do and how we want to do it.

Attorney Blaney: What I am asking you to do is if I can get a letter from the Surveyor, from the Board that says you are working on this project to open up this 1908 tile. That is what we ask for today. I need something to give IDEM. I will be happy to draft the letter. I think that is all I need from you fellows. That says you are working on it and that you have had your Engineer look at. It doesn’t have to be very detailed.”

Attorney Loy stated that he did not have a problem with that.

Board Member Diener stated while we are waiting on the Railroad perhaps we can move on with the Highway part of it. It shows some intent that we are trying to do something.

Discussion on where and how to replace the tile and with the size of tile.

Chairman Burton asked for information on the Robert McWilliams Tile:

1. Location and length: Starts at Springtown Road approximately 1¼ mile south of the

highway and approximately ½ mile north of the highway.

2. Water shed: 456 acres assessed.

3. Tracts: 78

4. Landowners: 56

5. Minimum assessments (Lots and small parcels): 77

6. Has its own Maintenance Fund which collects $700.00 per year. The fund in the negative

$3200.00. The Surveyor’s Office is working on a Maintenance Modification just to get it out of debt.

Attorney Blaney stated: “What I meant for today is just a letter that says you are looking into

it, restoring the tile like it was. I don’t expect you to say you are going to do it. Because you got all these landowner to notify and all that stuff.”

Attorney Loy: With that limited request I don’t have a problem with.

Other Discussions:

1. The 3rd information meeting on the E. M. Ferguson Tile Drain #691 will be scheduled for March

4th, 2013 with letter sent to all landowners.

2. Engineer Frauhiger reported to the Board to following: Regarding the Meadow Lawn detention

pond outlet re-design right before Christmas. We came in the 21st and I talked to Doug. I have not finalized my review of it. As soon as I do and you, Brad, and I are happy with it I will get with Doug and Joe. If you remember it was discharging into a new pipe that was for the subdivision over there. They wanted to float split between the existing pipe, the existing outlet and the new outlet.

With nothing further for the White County Drainage Board Chairman Burton adjourned the meeting.