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November 18, 2002 Tape #022

The White County Drainage Board convened at 10:30 A. M. in the Commissioners’ Room of the White County Building, Monticello, Indiana with Board Members Ronald A. Schmierer, O. D. “Bud” Ferguson and John C. Heimlich, Attorney George W. Loy, Surveyor Dennis W. Sterrett, and Secretary Romana Kiser in attendance.


Also attending were Lloyd Clerget, Steve Wallace and Charlie Mellon.


Chairman Schmierer opened the meeting with the Maintenance Modification Hearing on the M. F. Smith Br. #1 Drain in Union and Honey Creek Townships, White County, Indiana.


The proposed maintenance rate is $10.00 per acre. Chairman Schmierer read claims information and reconstruction in 1998 information on the drain. The drain maintenance fund is currently $7,878.57 in the red. It was discussed that tile outlets were repaired by the contractor (Howe) after the project and paid out of maintenance, sewer jet service was used on the Clerget farm, tile was repaired and Dalton’s sprayed it two times since reconstruction. Also all the dirt from the Kellenburger project was hauled to the M. F. Smith Br. #1 Drain and put on the ditch and leveled out so it had some slope on it. Chairman Schmierer stated that at $10.00 per acre for four years the fund would take in $7,325.20 and still won’t be out of debt, but it will be close, and that is if we don’t spend any money on it. This would be a permanent $10.00 maintenance rate, not just for four years.


Lloyd Clerget represented his mother at the Hearing. Mr. Clerget stated, “They will be spending money on it, they haven’t finished the job they started.” Mr. Clerget explained, “Down at the mouth of it, the outlet of it, they never straightened any of that up, there are still trees caving in and sliding down the bank, washouts, where is goes into the Hoagland.” Chairman Schmierer asked Mr. Clerget, “When we changed that, didn’t we change that for the benefit, I don’t know if we did it for your son’s benefit or some other farmer’s benefit, didn’t we change the direction of that (drain) and isn’t that where we got in trouble and didn’t have enough dirt?” Lloyd Clerget answered, “We changed the direction of it, but didn’t change the length of it I don’t believe. They wanted to move it twenty feet out into our field. Instead of moving it twenty feet out and having two curves in it, they ran it at a forty-five degree angle across one of our fields. Now, we’re talking about the cost of hauling dirt up there to fill that, why that fill dirt wasn’t part of the original construction cost, it should’ve been. They know they were going to have to do it.” Chairman Schmierer said, “I can’t answer that, I knew that we had to fill it because we didn’t have enough dirt to put slopes on it. But even at $10.00 an acre, it won’t be out of debt in four years and if you say there’s more work we are going to be doing to it, it’s probably going to be five or six years at $10,00 an acre then.”


Mr. Clerget stated, “A couple of those items that you mentioned there that would cost, as far as I’m concerned, the contractor who did the original work should’ve repaired that at no charge.” Chairman Schmierer asked who did the original work. Secretary Kiser stated that Howe Excavating did the reconstruction job. Chairman Schmierer questioned why Howe was paid to come back in and fix tile. Board Member Heimlich said that the repair of tile outlets is normally part of the project. Secretary Kiser said it was Surveyor George Milligan’s project in 1998.


Mr. Clerget said he doesn’t have any interest in it but his mother does. He said the maintenance charge on this ditch is twice what it is on the Hoagland. Chairman Schmierer said what makes it bad is there are only 183 acres in the watershed. Chairman Schmierer read the assessment roll. Mr. Clerget stated that he thinks that should be looked into by the Surveyor. (Discussion on some parcels—see tape). Lloyd Clerget stated he feels that there is more acreage than that drainage to the M. F. Smith Br. #1 Drain. He suggested a review of the acres in it. Chairman Schmierer stated that can be done. He stated we will do that, but we have to raise the rates.


Chairman Schmierer stated, “The White County Drainage Board having heard and considered all of the evidence and any objections submitted in these proceedings, the Chairman would now consider a motion finding that the current estimate of maintaining the M. F. Smith Br. #1 Drain is insufficient and that therefore the annual assessments for periodic maintenance of said drain should be increased as proposed in these proceedings, $10.00 per acre.” Board Member Ferguson so moved. Board Member Heimlich seconded the motion. The motion carried unanimously.


The White County Drainage Board by a vote of 3 in favor and 0 opposed now hereby adopts the schedule of modified assessments as originally filed herein. The White County Drainage Board issues it 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. Hearing adjourned.


Surveyor Sterrett showed a detailed map and survey of the Steve Wallace property on the Rayman Ditch in Round Grove Township. Mr. Steve Wallace is asking for permission to put a gravel driveway in on the north side of a twenty-five foot filter strip that goes along the ditch to mid point of the section. Mr. Wallace stated he has talked to the County Highway Dept. and was told he did not need to put a culvert in because there is no road ditch there. The Board agreed that a gravel driveway was not going to hurt anything because they would still be able to work on the ditch. Attorney Loy stated there would be no need to draw up any document, it would be sufficient to have the agreement in the minutes.


Board Member Heimlich made a motion that the White County Drainage Board allow Steve Wallace to encroach on the Rayman Ditch right-of-way with a gravel driveway. Board Member Ferguson seconded the motion.


Surveyor Sterrett presented a petition from landowners for Maintenance and Reconstruction of the Milton Martin Ditch in Monon Township south of the stone quarry south east of Monon. The ditch starts at State Road 43 and empties into the McKillip Ditch. Surveyor Sterrett stated that Material Services already cleaned their part of the ditch.


Board Member Heimlich made a motion to accept the Petition for Maintenance and Reconstruction of the Milton Martin Drain. Board Member Ferguson seconded the motion. The motion carried unanimously. Secretary Kiser stated that we will now hold a Hearing to set the ditch up on maintenance.


Surveyor Sterrett reported that Darrell Erb brought to his attention that Vulcan Materials dumps about 1.2 million gallons of water a day into the Milton Martin Ditch and they applied to IDEM to renew a permit. IDEM notified everyone north of the quarry but not the landowners along the Martin Ditch. Surveyor Sterrett got a copy of the letter from the County Health Dept. Darrell Erb has contacted IDEM to tell them they didn’t notify the landowners on the Martin Ditch and he will get back with Surveyor Sterrett. Surveyor Sterrett said if he doesn’t hear from them in a couple of days, he will get in touch with them.


The Board agreed to proceed to raise the maintenance rate on the J. P. Carr Drain by twenty-five percent.


Board Member Ferguson made a motion to approve the minutes of the November 4, 2002 meeting. Board Member Heimlich seconded the motion. The motion carried unanimously.


Chairman Schmierer adjourned the meeting.