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July 7, 2003 Tape # 013

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

Others in attendance were Mike Eubank, Joseph Grinstead, Lex Dalton and Charles Mellon.

Joe Grinstead with Burgess & Niple Engineering stated, “We are here to ask permission to go ahead with this structure. INDOT is ready for letting in November. The P. L. Bush Drain is in Round Grove Township, along Highway 231 (Site indicated on map.” Chairman Schmierer asked if it was a project the State is doing. Mr. Grinstead said, “Yes, the State is doing it. It is a replacement job on a small structure. It is a twenty foot span structure which is considered a bridge. This (old) structure is in pretty bad shape and needs to be replaced as soon as possible. We had coordinated with the previous County Surveyor, we sunk the footers on the foundation two feet to allow for the County Surveyor and Drainage Board to go through and dredge out the drain if needed in the future. So that should be taken care of. The only other issue here is that we are trying to keep from buying any right-of-way on this project and ask permission for you to let us use the drainage easement. No permanent structures will be on that drainage easement, but we just need it for some staging purposes.”

Chairman Schmierer said, “Similar to what you did on Highway 43? Joe Grinstead couldn’t say. Chairman Schmierer said, “That’s what they did I think along the ditch there over at the Furrer farm.” Board Member Heimlich agreed they did. Chairman Schmierer said, “That’s the kind of thing you’re talking about, putting materials on the drainage right-of-way.” Mr. Grinstead agreed.

Chairman Schmierer said we probably need a motion on that to put it in the minutes. Mike Eubank, a representative of Burgess & Niple said, “If we get their approval today, as long as it is in the minutes, I don’t think we need a letter.” Chairman Schmierer said, “You realize you only have 75 feet, if you get out in a guy’s field you are in trouble.” Joe Grinstead said they understand that.

Board Member Heimlich made the motion to give Burgess & Niple Engineering the right to use the County’s 75 foot right-of-way on the P. L. Bush Drain in Round Grove Township on State Road 231 for staging purposes for bridge replacement. Board Member Ferguson seconded the motion. The motion carried unanimously.

Chairman Schmierer directed Secretary Kiser to prepare Burgess & Niple a letter.

Surveyor Sterrett presented a request for exemption from the White County Drainage Ordinance for Tillett Engineering on the Monon Railroad Museum addition to the existing building north of Monon on the west side of Highway 43. The owner is Dale Ward. Surveyor Sterrett stated that Engineer Frauhiger has looked at the site and has no problem with it at all. Engineer Frauhiger recommends approving the exemption. Chairman Schmierer stated Engineer Frauhiger should give us a letter stating they do not need a drainage plan.

Board Member Heimlich made the motion to allow an exemption from the White County Drainage Ordinance for the Monon Railroad Museum project site. Board Member Ferguson seconded the motion. The motion carried unanimously.

Board Member Ferguson made the motion to approve the minutes of the last meeting. Board Member Heimlich seconded the motion. The motion carried unanimously.

Surveyor Sterrett asked the Board if they have had occasion to use the Indiana Code #36-9-27-4 on Obstruction of Private Drains. Board Member Heimlich said it is a statute that gives the County Drainage Board the authority to get involved in a private dispute. Attorney Loy said they had used it a couple of times. Board Member Heimlich said that things got worked out so they didn’t have to step in. Surveyor Sterrett stated he got a copy of a form to fill out that Jasper County uses. The petitioner has to notify the owner by certified letter that there is an obstruction and he has to remove it. Then we act on it in thirty days. Attorney Loy said, “If they don’t solve it between themselves it allows for you (The Board) to come back and arbitrate it. I guess Jasper County has those from time to time.” Surveyor Sterrett said, “They have forms for filing and there is $150.00 filing fee. I faxed the form to George and he went over it.” Attorney Loy stated, “The statute is there. If people want to avail themselves of that remedy I guess it would be nice to have the forms ready to tell them what to do and where to go. I think it would be a good idea. It is not going to cause you any more exposure, liability or responsibility than you already have. It just gives people a form to go by.”

Surveyor Sterrett asked if we need to do anything legally about the filing fee. Attorney Loy said nothing other than where you put the money. Attorney Loy said it would probably go in the General Fund. Chairman Schmierer said General Drain Fund.

Attorney Loy said he would get them a final format on that.

Surveyor Sterrett stated that Julie in the Auditor’s office reported to him a circumstance that some people sold property ten years ago and the ditch assessment didn’t get transferred with it, therefore the former owner has paid the ditch tax for ten years. Chairman Schmierer said that is not the Surveyor’s responsibility, that is the Auditor’s. Attorney Loy said to send them to the Auditor’s office. Surveyor Sterrett said that Julie was asking if they could refund 3 years on a ditch assessment like they do on real estate. Board Member Heimlich said yes. Attorney Loy said he was sure they can and he would talk to Julie on the way out.

Attorney Loy opened sealed bids from two bidders for spraying the County drains. There are forty-two different projects to be bid and billed individually so they can be charged to the individual drain. Dalton’s total bid is $76,196.00 and Shideler’s total bid is $71,363.54. Attorney Loy said the bids were in order. Board Member Heimlich made the motion to accept the low bid of $71,363.54 from Shideler Spray Service, Eaton, Indiana. Board Member Ferguson seconded the motion. Motion carried unanimously.

Lex Dalton thanked the Board for the opportunity to bid.

It was discussed that it is getting late to spray this year, but it needs to be done.

Attorney Loy reported that he will not be at the July 21, 2003 meeting.

Chairman Schmierer adjourned the meeting.