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BE IT REMEMBERED, that the White County Drainage Board held a regular meeting on Monday, November 17, 2014. The meeting was held at the White County Building, 2nd floor, Commissioners’ conference room beginning at 10:30a.m.

Drainage Board members present were: President Steve Burton, Vice President John Heimlich and Member David Diener. Also, present were the White County Attorney George W. Loy, White County Surveyor Bradley E. Ward and the Surveyor’s Secretary Sharon Broussard.

Others present were:

Mike Kyburz – White County Highway Dept.

Sharon Watson – White County Soil & Water

Kevin O’Farrell

Russell Herren

David Thomas

J.D. Smith

Kyle Rule – FNC

Kyle O’Farrell

Steven W. McClean – Farm #1887

President Burton called the meeting to order.



· Vice President Heimlich made a motion to approve the minutes as presented for the regular meeting held on November 3, 2014; seconded by Member Diener. Vote: Unanimous

E.M. FERGUSON #691 – Discussion

This discussion is continued from September 15, 2014, regarding the Petition for Maintenance.

Surveyor Ward reported that a letter, calling it a petition from now on, was received from 82 % of the watershed and accepted on September 2, 2014. There are 10 landowners signing the petition recommending White County to redo the outlet and let the State of Indiana do the work under the highway as a feasible option for now. The Maintenance Repay Project is estimated to cost approximately $20,000. The landowners will have to decide whether to pay it back over 2, 3 or 4 years.

President Burton asked for public comments.

Kyle O’Farrell asked if the petition is binding and White County Attorney stated the letter will be considered.


Kevin O’Farrell wanted to know if everyone on the tile would be assessed. Vice President Heimlich explained to him that the 82 % is the assessed acreage and not the number of names on the letter.

Russell Herren asked where this goes now since there are two different proposals. President Burton stated White County has not entered into a formal hearing. Vice President Heimlich explained what is necessary for a hearing. There has to be a scheduled hearing notice sent to all landowners that includes one of the options stating cost of project. The hearing has to be advertised locally. If the decision is a Maintenance Modification then there has to be money in the fund to do the work. If the decision is a Reconstruction proposal then the landowner technically has 5 years to pay off the amount, but every year the landowner does not pay off the balance there is a 10% penalty on the remaining balance. The landowner can pay the assessment over 4 years, but will be paying annual interest also.

Kyle Rule asked if the landowner could do private tile work on their personal property.

White County Attorney Loy stated any work done privately by the landowner needs the White County Surveyor’s permission. He said that landowners wanting to do work on a county tile or ditch first need Surveyor Ward’s permission. The threshold question is the costs of the project less than the benefits accrued to the landowners.

President Burton said the landowner in the watershed can do private work; however the landowner will still be assessed on the county tile. It has been recommended that the headwall be separated and at this point we could get the state to address the problem under there. It might not cure the problem, but might give us some insight on what effect those two things have on the existing tile. By doing these two projects at a modest costs may lead us in a new direction of being able to live with it or address the whole system at the high costs.

Member Diener pointed out the small percentage of landowners in the watershed have an issue and the large percentage of the landowners don’t want to pay the costs to correct the problem that is being experienced by the minority. Unfortunately, the impact is on the smaller percentage of landowners.

There are 6 people present for the E.M. Ferguson #691 discussion. President Burton stated the two options to vote on.

Option one: Culvert maintenance. Vote: Favor – 4.

Option two: $400 per acre. Vote: Favor – 2.

President Burton announced they will proceed in the direction of option one. Surveyor Ward stated he will contact the State of Indiana about their requirements. Also, to request permission for White County to install a pipe for future use.




TIM RUSE – Encroachment Permit

Mr. & Mrs. Timothy Ruse, 6988 North Chamber Court, Monticello, IN, request to get permission for a White County building permit to build a carport in their driveway. Surveyor Ward stated he will go to the property and locate the tile.

Attorney Loy advised the permit depends on the White County Drainage Board approval. He is preparing an Amended Agreement for Limited Consent to Encroach upon White County Regulated Drain Right-Of-Way with a drawing attachment to be signed by the landowners and the Drainage Board.

President Burton stated the landowners do not need to be present at a Drainage Board meeting to sign the agreement after Surveyor Ward authorizes approval of the encroachment.


The City of Monticello approved the variance for the Old Hospital parking lot. Surveyor Ward signed it.


The permitting process is about complete.

There being no further business to come before the board, their meeting was adjourned.


___________________ _________________________ ___________________

Steve Burton, President John C. Heimlich, Vice President David Diener, Member