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October 7, 2013

The White County Drainage Board convened at 10:40 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 (not present), Surveyor Bradley E. Ward and Drainage Assistant Mary E. Sterrett.

Also in attendance were:

B. J. Propes-White County Highway Department Tony Cain

Sharon Watson-White County Soil and Water Freddie Isom

Mike Kyburz-White County Highway Department

The October 7, 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 September 16, 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-J. Chilton Open Drain & J. Chilton Open Branch Drain #521

Board Member Diener presented the sealed quotes for Maintenance of the James Chilton Open Drain & James Chilton Open Branch Drain #521. Six (6) invitations were sent. Four (4) quotes were received.

Quotes as follows:

County Line Tiling/Excavating LLC: $25,425.00

FC Isom Farm Drainage and Excavation: $39,855.00

Gutwein Bulldozing & Excavating: $38,000.00

T&M Cain Enterprises, LLC: $39,750.00

Surveyor Ward’s estimated cost of the project: $40,250.00

Open Quotes-James Chilton Open Drain #521-Two Stage Project

Board Member Diener presented the sealed quotes for Maintenance of a portion of the James Chilton Open Drain #521-Two Stage Project. This Two-Stage Project is a shared project with the Nature Conservancy. Six (6) invitations were sent. Three (3) quotes were received.

Quotes as follows:

County Line Tiling/Excavating, LLC: $10,800.00

FC Isom Farm Drainage and Excavation: $27,799.00

T & M Cain Enterprises, LLC: $28,500.00

Surveyor Ward’s estimated cost of project: $29,000.00

Board Member Heimlich made a motion to accept County Line Tiling/Excavating’s quote of Twenty-Five Thousand, Four Hundred and Twenty-Five Dollars ($25,425.00) for the Maintenance Project of the James Chilton Open Drain #521 and the James Chilton Open Branch Drain #521. Also to accept County Line Tiling/Excavating’s quote of Ten Thousand, Eight Hundred Dollars ($10,800.00) for the Maintenance of a portion of the James Chilton Open Drain #521-Two-Stage Ditch Project. Board Member Diener seconded the motion. Motion carried with a majority vote.

FOR THE RECORD: Chairman Burton abstained from the motion and the vote on the James Chilton Ditch Projects due to the fact that he has personal interests in the James Chilton Drainage System.

Next on the agenda-Approve Petition for Reconstruction-T. J. Woltz Drain #603

(Viewing a computer generated map)

Surveyor Ward presented to the Board: The Petition for the Reconstruction of the T. J. Woltz Tile #603 which is located in Union Township. Property owner Valerie A. Meyer signed the petition for the Saems, George J. & Georgia M. Saems GST Trust with that property owner having approximately one hundred (100) acres of the approximately five hundred (500) acres in the water shed. Rick Roach is the tenant for Saems Trust property.

Board Member Heimlich made a motion to accept the Reconstruction Petition for the T. J. Woltz Drain #603. Board Member Diener seconded the motion. Motion carried.

Next on the agenda-Set Rates for Maintenance Modification-J. P. Carr Drain #520

Surveyor Ward present to the Board: Currently the J. P. Carr Drain #520 is assessed at a variable rate, twenty-five cents (25¢) an acre to sixty-two cents (62¢) an acre. That assessment rate was set in 2003 with a Maintenance Modification to raise the assessments twenty-five percent (25%). Surveyor Ward proposed a flat rate of two dollars and fifty cents ($2.50) per acre with the six dollar and twenty-five cents ($6.25) minimum. There is approximately fifteen (15) miles of drain that is affected by the J. P. Carr drainage system.

No rate set for a Maintenance Modification of the J. P. Carr Drain #520. With discussions regarding variable and flat rates the Board requested to see figures on setting the assessments on a variable rate. The rate for a Maintenance Modification will be set at a later date.

Next on the agenda-Approve Tile Relocation-Simeon Davisson Branch of the John Buss Drain#518-

Accu-Dig (Viewing Jordan Manufacturing’s Drainage Plan)

Surveyor Ward presented to the Board the following: The location of the tile on Gordon Road and Kenny Boston’s property (Accu-Dig). Accu-Dig is asking to relocate this tile so they can put in a proposed new building on the site and they are asking to relocate a regulated tile and for Right to Encroach on the same regulated drain. If this is approved they will be doing a Drainage Plan but they wanted to be sure they could do this before they went ahead with a Drainage Plan. Discussion on Jordan’s drainage going from his pond down the west side of the Boston property. His water does not go into the tile they are requesting to relocate. Jordan’s water runs along the road and runs along the west side of the Heath Campus. The water in the tile that we are discussing now dumps into the new tile across the road then joins that system again. Surveyor Ward showed the Board the portion of the tile that has been vacated, where the County Tile is now located and where Accu-Dig wants to relocate it. If it is approve to relocate the tile it would all be on Accu-Dig and all at their expense.

Chairman Burton: They are asking if they can do this then they are going to bring in a Drainage Plan?

Surveyor Ward: Yes.

Chairman Burton: Who is ahead of them and if Jordan’s pond is ahead of them then that is water that has to be dealt with. How much further south does this tile go?

Surveyor Ward: Just to the west side of Jordan’s pond. It stops on his property line but it does pick up some of the Tribbett’s farm ground.

Chairman Burton: I view that a little different now knowing that than prior to that.

Board Member Diener: Is the twenty-five (25) feet on each side adequate?

Surveyor Ward: Should be adequate to do work. They would have more on the west side there. I guess we would not have to reduce the easement on the west side.

Board Member Heimlich: I would keep that at seventy-five (75) feet on the west side until something changes.

Board Member Diener made a motion to approve a Consent to Encroach the right- of- way easement on the east side to twenty-five (25) feet and leaving the west side of the right-of-way easement at seventy-five (75) feet and to approve the Relocation the Simeon Davisson Tile on Accu-Dig property. Board Member Heimlich seconded the motion. Motion carried.

Accu-Dig to get the needed paper work to Attorney Loy for the Right to Encroach on the Simeon Davisson Tile on their property.

Other Discussions:

Board Member Heimlich: Report on Indian Creek. The negotiations with the landowner who has the lawsuit I understand those negotiations have fallen through. He is no longer interested in the settlement. It looks now that it is going to go to the Appellate Court unless the Pulaski County Judge reconsiders his original motion. I believe it goes back to him this week.

Board Member Diener: Did he actually rule?

Board Member Heimlich: Yes, in a way. He considered it a Reconstruction. That is what he was basing it on. The Attorney had some concerns if it goes to the Appellate Court and they rule against us. That looks like that is where it is headed.

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

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