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June 3, 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 Galen Schroeder

Mike Kyburz-White County Highway Department Wayne Schroeder

Sharon Watson-White County Soil and Water Alexie Schroeder

Cindy Muffett Lori Beeker

Larry Hartman Patricia Koeppen

Greg Gallagher R. J. Roach

Attorney Daniel Blaney Tony Cain

Jeff Healy Mr. Miller

Nancy Downey

The June 3, 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 May 20, 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-Maintenance Modification Hearing-Henry Stewart Tile Drain #634

Surveyor Ward presented to the Board:

1. This tile is located south of Brookston.

2. Current assessments are thirty cents (30¢) per acre with a five dollars ($5.00) minimum.

3. Drain in debt two thousand, six hundred, and twelve dollars and sixty-six cents ($2612.66).

4. Yearly assessments are four hundred, fifty-five dollars and seventy cents ($455.70).

5. The Board set the new rates at four dollars ($4.00) an acre with a five dollar ($5.00)

minimum.

6. Yearly assessments would be five thousand, three hundred, eighteen dollars and sixty-eight

cents ($5,318.68).

7. There is work that needs to be done on the tile at this time.

8. No landowners present for this Maintenance Modification Hearing.

Chairman Burton presented the following:

THE WHITE COUNTY DRAINAGE BOARD HAVING HEARD AND CONSIDERED ALL THE EVIDENCE AND ANY OBJECTION SUBMITTED IN THESE PROCEEDINGS, THE CHAIRMAN WOULD NOW CONSIDER A MOTION FINDING THAT THE CURRENT ESTIMATE OF MAINTAINING THE HENRY STEWART TILE DRAIN #634 IS INSUFFICIENT AND THAT THE ANNUAL ASSESSMENTS FOR PERIODIC MAINTENANCE OF SAID DRAIN SHOULD BE INCREASED AS PROPOSED IN THESE PROCEEDING.

BOARD MEMBER HEIMLICH SO MOVED.

BOARD MEMBER DIENER SECONDED THE MOTION.

THE MOTION HAS BEEN MADE AND SECONDED TO RAISE THIS MAINTENANCE TO FOUR DOLLARS ($4.00) PER ACRE AND FIVE DOLLARS ($5.00) MINIMUM. THE WHITE COUNTY DRAINAGE BOARD BY A VOTE OF THREE (3) IN FAVOR AND ZERO (0) OPPOSED NOW HEREBY ADOPTS THE SCHEDULE OF ASSESSMENTS AS ORIGINALLY FILED HEREIN OR AS AMENDED. THE WHITE COUNTY DRAINAGE BOARD ISSUES ITS WRITTEN FINDINGS AND ORDER DECLARING THE PROPOSED MAINTENANCE MODIFICATION SCHEDULE IN THESE PROCEEDINGS ESTABLISHED. A COPY OF WHICH WILL BE MAILED TO ALL OWNERS AFFECTED.

Next on the agenda-Update on the Robert McWilliams Tile Drain #569

Surveyor Ward reported:

1. Contact has been made with the Railroad and a letter has been received stating what the

requirements would be to take the next step with repairing the tile.

2. There is a four thousand dollar ($4,000.00) fee to file the application for the permit.

3. The ditch is in debt twenty-four hundred dollars ($2,400.00).

4. In the spring we talked about doing a maintenance modification. After learning where we

were going to be with the tile we held off on that. Knowing that this project perhaps could take place we held off on the modification.

Attorney Blaney addressed the Board:

I’m Dan Blaney and I represent Galen and Wayne Schroder. I have been before you before. The reason we are here today is because we just want to see this project move forward. I briefly talked to the Surveyor, Brad. What I think you ought to do is make a motion or something to tell the Railroad that they are causing this problem. I have been told that one of their rails is starting to go south or sink out there because the water is not getting through their bed. For them to want to charge White County Drainage Board four thousand dollars ($4,000.00), I think that is unreasonable when they are part or if not the sole responsibility of this problem. Previously they used to charge us fifteen hundred dollars ($1,500.00) to do that now they have changed and I guess it is four thousand dollars ($4,000.00). We would like for you to move forward and become I guess offensive on this. Say, ok railroad you are causing the problem to see what happens. If that doesn’t work then we encourage you to take the money from the General Drain Improvement Fund. Send them the four (4) grand and get this project started but it needs to be moving along. As I think the Board is aware we had the Core of Engineers were out there and they determined that they do not have jurisdiction. Now we are dealing with NRCS and their governmental regulations and also the State of Indiana. We have not heard anything back from the State of Indiana. NRCS we are still hopeful we will be working with them. We just want to make sure the project goes on. Thank You!

Attorney Loy: Is the Railroad assessed? Surveyor Ward replied that they are assessed for nine dollars ($9.00), their total assessment.

Chairman Burton: Counsel Blaney, you mentioned that you felt the Rail Road was the cause of the problem. What is your opinion as Surveyor? Surveyor Ward: They probably are the main cause of the problem there. Due to the vibrations of the tracks. That is where the tile is the worse. When you get north of the State Highway the tile was in pretty good shape when we had it jetted. Now, if that is because the water could not get through at the Railroad at that point. If it was full of dirt for sixty (60) years, it held the tile together in pretty good shape. I don’t know how good the tile is south of the Railroad. I know there are some holes down there that there is a work order out to be fixed currently. When we had Wredes out there six months-ten (6-10) months ago there wasn’t hardly any tile out there to find to try to repair. In the track right-of-way. They felt they were getting too close to the railroad bed to dig any further so they filled the hole in the best they could. That was done with Railroad permission.

Wayne Schroeder: Four (4) or five (5) grand will solve our problem? Surveyor Ward: Four (4) grand will get us an application filed with the Railroad.

Attorney Loy: That four thousand dollars ($4,000.00) they say is to cover the engineering review, to cover the application fees and the right of entry fees. That is the right of entry as I take it. We have been dealing with them recently quite a bit. I take it that four thousand dollars ($4,000.00) may just cover the application and the right to put the line in. Further down they say then we will send you an occupancy agreement. There is likely going to be another fee there. In other words the four thousand dollars ($4,000.00) may not be the bottom line.

Attorney Blaney: What we would like the Board to do is be assertive with this and say ok Railroad you have caused the problem. You need to get your engineers out here and correct that problem. I would like for the Board to do that because you have got access through there. They cannot block your drainage. They cannot block White County drainage. That is in affect what they are doing right now.

Board Member Diener: I would encourage the Schroeders to pick a time frame to say that they have had enough and to come back then we can do an assessment for everyone involved in this. Spend with ever is necessary which is going to be more than any one wants. But that is better than not having drainage.

Board Member Diener made a motion to send the Railroad a letter requiring the Railroad to repair their cause of this drainage blockage in the Robert McWilliams Drain #634. Board Member Heimlich seconded the motion. Motion carried.

Other Discussions:

1. Gregg Gallagher, Larry Hartman and Nancy Downey present to discuss an issue with the Heath’s

Farm. A private trench has been dug on the Heath’s property. This trench on the Heath’s property is causing large amounts of sand and silt to build up on neighboring properties. Mr. Gallagher showed the Board photos of the location and the sand-silt that have been taken of this issue.

Board Member Diener: This is not what you are not going to like. This gentleman is trying to drain his property, across his property and it has affected yours. That is not a drainage issue for us. That is a civil issue that you are going to have to address with your neighbor. If this had something to do with a County Drain, a County Ditch or Regulated Drainage we could address something.

Attorney Loy: It is entirely understandable why you would want to come to the White County Drainage Board to address an obviously a drainage question. The County Drainage Boards are created by Indiana Statue. The Drainage Board is not an all-encompassing Drainage Court. In others words to address all drainage issues that neighbors might have between themselves. The jurisdiction of the Drainage Board is limited to doing work on County Regulated Drains. We have twelve hundred (1,200) miles of County Regulated Drains. Which means of those open ditches or tiles the County has jurisdiction over we have the ability to do work on, to make assessments to landowners for the cost of repairs, maintenance and the like. The Drainage Board doesn’t have jurisdiction or it is contrary to law and we can’t address the issues that you are talking about. That is not to say that you do not have rights. I would encourage you to contact a private attorney right of way. You definitely have a cause of action but it is a private cause of action. We cannot contact him because it is just beyond this Board’s jurisdiction.

2. Surveyor Ward reported there will be an Indian Creek Joint Board Meeting June 5, 2013.

3. Tony Cain reported that he has ran his tile camera through the Victor Tile on Dave Kent’s

property. He reported there is approximately five hundred (500) feet of tile that is in disrepair. His estimated cost would be approximately ten thousand dollars ($10,000.00) to replace the five hundred (500) feet of tile. Surveyor Ward reported that the Victor Tile is at this time three hundred and twenty-one dollars ($321.00) in debt.

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

June 3, 2013 meeting.

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