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BE IT REMEMBERED, that the Crowell-Wells Joint Drainage Board held the first meeting on Thursday, June 18, 2015. The meeting was held at the White County Building, 2nd floor, Commissioners’ conference room beginning at 9:00 a.m.

Present were:

Steve Burton, White County David Diener, White County

John Brown, Carroll County William Brown, Carroll County

Ralph Anderson, Cass County, Fifth Member

Bradley E. Ward- White County Surveyor Donnie Shockley, Carroll County Surveyor

Sharon Broussard – White County Surveyor, Administrative Assistant

Amanda Smith – Carroll County, First Deputy Carroll County Surveyor

Allen Howe, Howe Excavating Brad Gleitz, MKR Farms

 

George Loy, White County Attorney, was absent.

 

INDIANA CODE 36-9-27-14 PROCEEDINGS AFFECTING MORE THAN ONE COUNTY; JOINT BOARDS

Sec 14. (a) Whenever it appears to the county surveyor that any proceedings instituted under this chapter may affect land in more than one (1) county, he shall immediately forward notification of that fact to the chairman of the board of each county in which the land is located, by certified mail with return receipt requested. The notice must state the number of counties involved and fix a date, hour, and place for a meeting of a joint board. The date for the meeting may not be less than twenty (20) nor more than thirty (30) days after the notice is mailed.

(b) After the notice is given, all proceedings in the matter shall be heard and determined by a board appointed from the membership of the board of each county in which land that may be affected are located, as follows:

(1) If land in two (2) counties may be affected, the chairman of the board of each county shall appoint two (2) of the members of his board, other than the county surveyor, to serve on the joint board. In addition, a fifth member shall be appointed by the four (4) members of the joint board. The fifth member must reside in a county that is not affected by the drainage problem.

(2) If land in more than two (2) counties may be affected, the chairman of the board of each county shall appoint one (1) of the members of his board, other than the county surveyor, to service on the joint board.

(3) The surveyor of the county having the greatest length of drain or proposed drain serves as an ex officio member of the joint board, and has the same duties, powers, and responsibilities he would have if the proposed construction, reconstruction, or maintenance affected lands lying solely within one (1) county.

(c) A joint board may authorize the employment of one (1) or more persons to assist the county surveyor who serves on the board in the performance of his duties in connection with the joint board. The joint board shall set the rate of compensation for the assistants and authorize an advance on the general drain improvement fund of each county in proportion to the apparent percentage of the total land area in each county to be affected by the drain. The cost of the assistants and the advance is a part of the operating expense of the joint board, which shall be finally adjusted and allocated as provided in subsection €.

(d) Whenever the county surveyor finds that a joint board should be appointed and that:

(1) the area of affected land in his county exceeds eighty percent (80%) of the total area of land affected by the drain; or

(2) ninety percent (90%) or more of the length of the affected drain lies within his county;

He may request in writing that each board in the lesser affected county or counties waive the right to be represented on a joint board and that the board of his county be the board for the proceedings. The request and all subsequent communications in the proceedings, including notice of any benefits or damages to the lands within a lesser affected county, shall be forwarded by certified mail with return receipt requested to the chairman of the board of each lesser affected county. If the surveyor does not receive a negative response to his request from the board of a lesser affected county within thirty (30) days, the surveyor may request his board to resolve itself as the board for the proceedings.

 

 

Surveyor Ward called the meeting to order. He read the legal description aloud.

 

Legal Description

The Crowell-Wells Drain begins at a point approximately 1,220 feet East and 950 feet South of the Northwest Corner of Section 2, Township 26 North, Range 2 West in Adams Township, Carroll County, Indiana and runs thence North 38 degrees West 700 feet; thence North 61 degrees West 700 feet; thence North 25 degrees West 200 feet; thence North 73 degrees West 170 feet; thence North 56 degrees West 450 feet; thence North 20 degrees West 1,050 feet add there terminates at a point approximately 800 feet West of the Northeast corner of the Southeast Quarter of the Southeast Quarter of Section 34, Township 27 North, Range 2 West in Jackson Township, White County, Indiana.

The maintenance fund has $12,269.72 as of 05-06-2015 in White County. White County currently collects $1.00 an acre and $5.00 minimum. The annual assessment in White County is $2,957.75. There are 1,892.107 acres benefitted in White County.

Carroll County currently collects $1.00 an acre and $5.00 minimum. The annual assessment in Carroll County is $93.09. There are 93.09 acres benefitted in Carroll County.



APPOINTMENTS – PAY RATE – IC 36-9-27-10

  • David Diener made the motion to elect Steve Burton, President of the Crowell-Wells Joint Drainage Board; seconded by William Brown. Vote: Unanimous

  • William Brown made the motion to elect John Brown, Vice President of the Crowell-Wells Joint Drainage Board; seconded by David Diener. Vote: Unanimous

  • William Brown made the motion to elect Bradley E. Ward, Ex Officio of the Crowell-Wells Joint Drainage Board; seconded by David Diener. Vote: Unanimous

  • David Diener made the motion to elect Sharon Broussard, Secretary, of the Crowell-Wells Joint Drainage Board; seconded by William Brown. Vote: Unanimous



Steve Burton – President

John Brown – Vice President

Surveyor Ward – Ex Officio

Sharon Broussard – Secretary



  • Member Diener made the motion to set the compensation at fifty ($50.00) dollars per meeting plus mileage at county rate for travelers; seconded by Vice President Brown. Vote: Unanimous

 

 

 

INDIANA CODE 36-9-27-10 COMPENSATION OF MEMBERS AND EMPLOYEES

Sec.10. (a) Each member of the board and each person employed by the board under this chapter shall be paid at a rate equal to that provided by law for state employees for each mile necessarily traveled while performing the duties of his office.

(b) The county fiscal body may provide the members of the county executive who serve as members of the board with per diem for their services as members of the board, in an amount fixed by the county fiscal body for each day or major part of a day devoted to the work of the board.

(c) Each appointed freeholder member serving on the board is entitled to a per diem in an amount fixed by the county fiscal body for work of the board. As added by Acts 1981, P.L. 309, SEC.101. Amended by P.L. 45-1990, SEC.10.

 

CROWELL-WELLS #721 – PETITION FOR RECONSTRUCTION

Petition was carried by Milt Cole. He is the majority landowner with approximately twenty-seven percent (27%) of the watershed. The account balance is $12,269.72. Currently collects $1.00 an acre and $5.00 minimum. The annual assessment is $2,957.75. The four year maximum is $11,831.00 and is not on the 2015 assessment list for White County. There are approximately 1,800 acres in the watershed with about 240 landowners. The Crowell-Wells #721 is a 24” regulated old clay tile with a regulated waterway that was constructed in 1996 on top of it. It outlets into a natural creek.

 

ROBERT MCWILLIAMS #569 - C.M. MERTZ #2 #561 - WILBUR TIMMONS #591

Petition for Reconstruction on the Robert McWilliams #569 was carried by Milt Cole, MKR Farms, LP. Petition for Reconstruction on the C.M. Mertz #2 #561 was carried by Milt Colt, MKR Farms, LP. The R. McWilliams #569, C.M. Mertz #2 #561 and the Wilbur Timmons #591 tiles join at Timmons Road and drain into the Crowell-Wells #721 outlet. Ex Officio- Surveyor Ward advised the landowner that he wants the Crowell-Wells #721 outlet to be adequate for the R. McWilliams #569 Reconstruction Project. The landowner suggested reconstruction of the C.M. Mertz #2 #561 as well; therefore the Crowell-Wells #721 outlet will be affected. The R. McWilliams #569 and the C.M. Mertz #2 #561 are 15” tiles. The W. Timmons #591 is a 12” tile. The landowners might request larger tiles for reconstruction.

DISCUSSION

Ex Officio-Surveyor Ward request guidance for this Reconstruction Project which is an extensive new project on the existing ditch; one that can include changing the original specifications of the ditch. This is a situation that needs to be addressed; especially if we proceed with the tiles north of there that come into it. He said this will probably have to be surveyed.

Ex Officio-Surveyor Ward suggested an open ditch, rather than another tile, as the cheapest option for the budget. Cost-wise an open ditch, from where the Crowell-Wells outlets into the natural creek to Stringtown Road, would be a more cost effective way to handle the water. He said “the landowners would not lose any farmable ground if we go to an open ditch. I think we can construct a ditch in the waterway; that is currently established, without losing any tillable ground.”

 

An open ditch will have to be 2-3 feet at the outlet to get it where the natural creek is at now; then two or three feet below the waterway currently at Stringtown Road it will be a four (4), five (5) or six (6) feet deep ditch. In White County, the distance will be approximately one-quarter mile (1/4) from Stringtown Road to the south county line. In Carroll County, the distance will be one-quarter mile (1/4) near the Wells property. The total length will possibly be three-quarter (3/4) mile including the angle. He said it would be White County’s responsibility to put in a new bridge over the open ditch. He will meet with the County Highway to find out which department is responsible for the cost of the bridge. Ex Officio-Surveyor Ward said he could put together numbers (cost) for all three options; replacing the tile, parallel the tile or open ditch.

 

Ex Officio-Surveyor Ward reported there are three (3) regulated tiles that drain into the north end of the Crowell-Wells and probably six (6) more tiles that drain into it in other places. Stringtown Road has seven (7) tiles that drain into it and Eastlawn Elementary School has a tile that drains into it at 1300E and County Line Road. He does not have any private tile information.

 

President Burton asked if the area is farmable. Ex Officio-Surveyor Ward responded to the question stating the area is generally wet pockets eleven (11) months of the year in that whole swell and not farmable. Carroll County is a swell and cattle are run in the pasture area.

 

Member Anderson asked the landowners opinion. Ex Officio-Surveyor Ward responded that the landowners did not petition this possible project and will have to be notified before construction.

 

Member William Brown asked about exploring both options for the landowners. He commented that one of the counties would have to put in a new bridge over an open ditch and asked if the cost will be part of the project or the County Highway’s maintenance.

 

Member Diener said it appears, based on what they heard in the meeting, the most economical and efficient way to handle this particular spot is an open drain. He confirmed with Ex Officio-Surveyor Ward that the next steps would be surveying elevations and estimating for the project. He pointed out the landowners need both options comparing the cost of a tile vs an open ditch.

 

ADDITIONAL COMMENTS

Allen Howe, Howe Excavating, Royal Center, IN was present to state his opinion on the reconstruction of the Crowell-Wells ditch. He said there is a tremendous amount of water that comes down thru there, from north of Stringtown Road, and an open ditch is the only way to handle that amount of water from all these tiles. Also, by Eastlawn Elementary School, this branch of tile is messed up and the water can’t get to the waterway and get away. Mr. Howe said that two (2) twenty-four (24) inch tiles would be necessary to handle the water out of the tile.

Brad Gleitz, MKR Farms, LP, said the neighbors are leaning on them to do the majority of the work to get better drainage for the area and he is present to find out how the Carroll-White County Crowell-Wells Joint Drainage Board can help them.

Conclusion

President Burton said the Carroll-White County Crowell-Wells Joint Drainage Board is requesting the White County Surveyor to come up with two options:

  1. An estimate for an open ditch

  2. An estimate for tile

that we will discuss at the next meeting and at that point notify landowners.

The next Carroll-White Crowell-Wells Joint Drainage Board meeting will be held on Friday, August 14, 2015 at the White County Building, 2nd floor, Commissioners’ conference room beginning at 9:00 a.m.

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

 

___________________ ___________________­_____ _________________________

Steve Burton, President John Brown, Vice President William Brown, Member

White County Carroll County Carroll County

____________________ __________________________ _________________________

Ralph Anderson, Member David Diener, Member Bradley E. Ward, Ex Officio

 

Cass County White County White County