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April 15, 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 Darrell Birge

Mike Kyburz-White County Highway Department Dick Lehe

Sharon Watson-White County Soil and Water Claude Butt

Verne Wilson

The April 15, 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 April 1, 2013 White County Drainage Board Meeting. Board Member John Heimlich so moved. Board Member David Diener seconded the motion. Motion carried.

 

Next on the agenda-Open Quotes on the Thomas Hines Drain #545 Maintenance Project

Surveyor Ward: Four (4) invitations were sent. One (1) quote was received. Surveyor Ward’s estimated cost for the project was Twenty-one Thousand Dollars ($21,000).

Attorney Loy: Open the sealed quote. Quote was as follows:

Gutwein Bulldozing & Excavating: Eighteen Thousand Dollars ($18,000.00).

Board Member Diener made a motion to accept the Gutwein Bulldozing & Excavating quote of Eighteen Thousand Dollars ($18,000.00) for the Maintenance Project on the Thomas Hines Drain #545. Board Member Heimlich seconded the motion. Motion carried.

Next on the agenda-Nova Ag Products Asking for Consent to Encroach on the

M. K. Reiff Drain #575

Surveyor Ward presented to the Board the following. A representative for Nova Ag. Products was not present.

Their project will sit fifty (50) feet from the M. K. Reiff Ditch. Nova Ag. Products is asking for Consent to Encroach on a County Regulated Ditch. Surveyor Ward told the Board that he has received all the paper work that Attorney Loy will need to draw up the Consent to Encroach. Surveyor Ward said that he has no problem with this issue.

Board Member Diener made a motion to grant the Fifty (50) Foot Consent to Encroach on the M. K. Reiff Drain # 575 to Nova Ag. Products. Board Member Heimlich seconded the motion. Motion carried.

Next on the agenda-Set Rates for Maintenance Modification on the Henry Stewart Drain #634

Surveyor Ward presented to the Board:

1. The Henry Stewart Drain is in debt two thousand, six hundred, twelve dollars and sixty-six cents

($2, 612.66).

2. Maintenance Assessments are thirty cent (30¢) per acre now with a minimum of five dollars

($5.00). Total yearly assessments are four hundred, fifty-five dollars and seventy cents ($455.70).

3. Acres in water shed: One thousand, six hundred, eighty-four point nine three nine (1,684.939)

acres. Acres benefited: One thousand, three hundred, twenty-nine point four two nine (1,329.429) acres.

4. There is work that needs to be done on the tile.

After serious consideration the Board set the rate for the Henry A. Stewart Drain #634.

Board Member Diener made a motion to set the rate for the Henry A. Stewart Drain #634 at Four Dollars ($4.00) per acre with a Five Dollar ($5.00) Minimum. Board Member Heimlich

seconded the motion. Motion carried.

A Maintenance Modification Hearing will be held on the matter of the Henry A. Stewart Drain #634.

Next issue before the White County Drainage Board Dick Lehe Regarding a Private Tile

Surveyor Ward stated that Dick Lehe was present to ask for assistance on receiving an out let on a private tile. This tile at one time ran through the B. P. Amoco Substation property. Somehow, some way this tile no longer is in use on the B. P. property. Most likely do to the fact that property has contaminated soil. B. P. will not allow a new tile to run across the property or repair what is already there due to the contamination.

Mr. Lehe said the only other option would be to go around the east side of their property and the Railroad. Then go behind the houses on Highway 43 and then out letting into a private open ditch. They would have to go on Kean Robinson’s property which he has given permission to do that. Mr. Lehe would also have to go through a home owner’s yard and the home owner has given permission for him to do that also. Mr. Lehe feels that the expense of this new tile should perhaps be borne by B. P. since they are the cause of his property not having an outlet. He has talked to seven (7) people at B.P. but so far no response. The question was asked if the Drainage Board could force B. P. to put in an out let for the Lehe private tile.

Attorney Loy: Short answer “No” it is a private tile. This Board as it sits here now does not have jurisdiction to do what you want to do without you initiating some paper work. You and the adjoining land owners do have private legal causes of action against your neighbor, B.P. which maybe you do not want to take on. We are not talking about obstructing or plugging up a stretch of a County Regulated Drain. If that were the case then we can jump in. Attorney Loy advised Mr. Lehe to talk to his Attorney or a private Attorney regarding what Civil Action he could take against B.P. on the issue of getting an outlet for his private tile.

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

COMPLETE DIGITAL MINUTES MAYBE HEARD IN THE SURVEYOR’S OFFICE