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April 1, 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 Kenneth Rogers

Mike Kyburz-White County Highway Department Irvin Furrer

Sharon Watson-White County Soil and Water Michael Wagenbach

Chad Dahlenburg Arnold Dahlenburg

The April 1, 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 March 18, 2013 White County Drainage Board Meeting. Board Member David Diener so moved. Board Member John Heimlich seconded the motion. Motion carried.

 

Next on the agenda-Let 2013 Spray Quotes

Board Member Diener made a motion to accept the Shideler Spray, Inc. quote of Sixteen Thousand, Seven Hundred and Ninety Five Dollars ($16,795.00). Board Member Heimlich seconded the motion. Motion carried.

Next on the agenda-Reconstruction Hearing-G. W. Chamberlain Branch of the Esther Fraser Drain #535

Viewing a computer generated aerial map

Surveyor Ward presented to the Board the following:

Mr. Dahlenburg petitioned the Board for the closing in the G. W. Chamberlain Branch of the Esther Fraser Drain #535. He intends to run a new tile down the property line and out let into the Esther Fraser Drain #535. Surveyor Ward said that he had done some survey work on it and found the grade to be sufficient for the project. The Surveyor gave the Broad a list of his requirements for the project. The cost of this project will be paid by Mr. Dahlenburg.

Chairman Burton: Asked if anyone was present at the meeting in regards to this project.

Irvin Furrer had not understood the location of the project. Then questioned why he received a letter on this reconstruction after he was told where the project was located.

Board Member Heimlich explained that the G. W. Chamberlain Branch is included the Esther Fraser water shed therefore everyone in the Esther Fraser water shed must be notified of this reconstruction of the drain.

Chairman Burton presented the following:

THERE BEING NO FURTHER DISCUSSION OR EVIDENCE TO BE SUBMITTED IN THESE PROCEEDINGS, THE CHAIRMAN WOULD NOW CONSIDER A MOTION TO DETERMINE THAT THE COSTS, DAMAGES, AND EXPENSES OF THE PROPOSED RECONSTRUCTION WILL BE LESS THAN THE BENEFITS ACCRUING TO THE OWNERS OF THE LANDS BENEFITTED BY THE RECONSTRUCTION.

BOARD MEMBER HEIMLICH SO MOVED

BOARD MEMBER DIENER SECONDED THE MOTION

UPON A MOTION DULY MADE AND SECONDED, AND AFTER HAVING CONSIDERED ALL THE EVIDENCE AND OBJECTIONS (IF ANY) CONCERNING THE PROPOSED RECONSTRUCTION, THOSE MEMBERS OF THE WHITE COUNTY DRAINAGE BOARD IN FAVOR OF THE MOTION THAT THE COSTS, DAMAGES, AND EXPENSES OF THE PROPOSED RECONSTRUCTION WILL BE LESS THAN THE BENEFITS ACCRUING TO THE OWNERS OF THE LAND BENEFITTED BY THE RECONSTRUCTION PLEASE ANSWER BY SAYING “AYE.” THOSE OPPOSED “NAY”.

THE MOTION PASSES BY A VOTE OF 3 IN FAVOR AND 0 OPPOSED.

THE WHITE COUNTY DRAINAGE BOARD THEREFORE ADOPTS THE RECONSTRUCTION REPORT OF THE WHITE COUNTY SURVEYOR AND THE SCHEDULE OF ASSESSMENTS, INCLUDING ANY ANNUAL ASSESSMENTS FOR PERIODIC MAINTENANCE. THE WHITE COUNTY DRAINAGE BOARD NOW ISSUES ITS WRITTEN FINDINGS AND ORDER DECLARING THE PROPOSED RECONSTRUCTION OF THE G. W. CHAMBERLAIN BRANCH OF THE ESTHER FRASER DRAIN #535 ESTABLISHED.

Next on the agenda-Approve Petition for Maintenance on the Herman Snow Drain #584

Viewing a computer generated aerial

Surveyor Ward presented to the Board the following: Petition carried by Jack Pherson. Approximately twenty-four percent (24%) of the water shed signed the petition for maintenance through the farm manager’s Power of Attorney. He explained the location of the ditch and the portion of the ditch that needs to be cleaned. He stated that there should be plenty of money in the Maintenance Fund. There is approximately twenty-five thousand ($25,000.00) in the maintenance fund. That should be enough to do the work on the project for one quarter (¼) of a mile east of CR 300 to get that functioning.

Board Member Heimlich made a motion to accept the Petition for Maintenance on the Herman Snow Drain #584. Board Member Diener seconded the motion. Motion carried.

Next on the agenda-Golden Beach

The gentleman from Golden Beach was not present. Surveyor Ward did not think that using the existing catch basins would probably not be beneficial to draining the low area in front of the houses. It would not have enough grading in the tile to get it to the box culverts. There is only two (2) foot of fall in the six (6) or seven hundred (700) feet. The best way to drain that low area would probably be taking the water to the east side of the subdivision. This is not a County Regulated drain or tile so there is not a maintenance fund or funds to take care of these issues. They are all private drains.

B.J. Propes: We put in a catch basin. It goes on to the east then turns and goes to the north to the big ravine. We only have the one (1) catch basin there. It was an existing catch basin and was replaced on the south side of the road.

There was more discussion between the Board, B. J. Propes and the Surveyor on how to drain the low area and the White County road so that it would benefit the subdivision and the road.

Chairman Burton: This has jumped over to being a County Highway project verses a Drainage Board. We can assist with different ways with money there since we are dealing with a major business up the road. I am suggesting that we switch this to the White County Highway Department and the commissioners from this meeting. With the Surveyor’s assistances and explore the east route as a possible alternative to the west route, the wet spot and the road issue.

Other Discussions:

1. Surveyor Ward asked for a Right to Encroach on a County Regulated Ditch for Kova Ag

Produces, Inc. The Board requested that the Right to Encroach for the project be put on the next White County Drainage Board agenda.

2. Board Member Heimlich was asked about the Big Monon assessments. He commented that their

Attorney advised that we forget the penalties because that would make the refunds simple.

Board Member Heimlich was also asked about Indian Creek. There was no meeting. No ruling from the Judge yet.

The meeting was adjourned by Chairman Burton.

COMPLETE DIGITAL MINUTES MAY BE HEARD IN THE SURVEYOR’S OFFICE