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BE IT REMEMBERED, that the White County Drainage Board held a regular meeting on Tuesday, September 8, 2015.  The meeting was held at the White County Building, 2nd floor, Commissioners’ conference room beginning at 10:30 a.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 Assistant Sharon Broussard.

Others present were:

Mike Kyburz – WCHD Supt. J.D. Smith – WCHD

Allen Howe-Howe Excavating Wayne Schroeder-landowner

Andy Kyburz-tenant Brad Gleitz  - MKR Farms

Christina Svoboda – NIPSCO Eric Miller-American Electric Power

Eastin Meyer – Burns & McDonnell (NIPSCO)

Ryan Layer – L & R Excavating LLC


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 August 17, 2015; seconded by Member Diener.

Vote: Unanimous



The time has expired for the submission of bids for the J.L. Ackerman #501. Surveyor Ward sent out five (5) bid packets to contractors for the Maintenance Project and three (3) quotes were received.  The estimate is $60,000.  White County Attorney Loy opened the bids.

Bids were received from the following:

County Line Tiling/Excavating, Winamac, IN $47,000.00

Gutwein Bulldozing & Excavating, Francesville, IN $54,000.00

L & R Excavating LLC, Monticello, IN $44,500.00

Member Diener made a motion to accept the low bid for $44,500.00 from L & R Excavating LLC, Monticello, IN; seconded by Vice President Heimlich. Vote: Unanimous




Christina Svoboda, NIPSCO, Eastin Meyer, Burn & McDonnell and Eric Miller, American Electric Power were present for the discussion of NIPSCO structure #8 and structure #13 encroaching on White County tiles within 75 feet.  The construction manager was not present for the meeting.

The NIPSCO structure foundations will be between six (6) and eight (8) feet in diameter.  The line sag is fifty-five (55) feet. There will be three phases and each phase will have six (6) wires with two (2) shield wires on top.  NIPSCO will start clearing trees and building roads for the jobsite this fall 2015; and the project will begin early 2016.

Christina Svoboda asked Attorney Loy the requirements and process for the Encroachment Agreement on these parcels.

Eric Miller stated the structures were renumbered #8 (A9) and #13 (A14) as part of the project; the structures were previously on the July map numbered #A9 and #A14.

Structure #8: Is fifty-nine (59) feet from the tile.  The landowner is Walter Dahlenburg.

Structure #13:  Is twenty-two (22) feet from the E.H. Johnson #549 tile.   The E.H. Johnson #549 tile will have to be moved.

Surveyor Ward and Attorney Loy had a prior conference call with Joe Warner, Burns & McDonnell, and Adam White regarding this encroachment. Mr. Warner said the tiles would be relocated and there will be heavy equipment on the jobsite.

Surveyor Ward prefers tile #13 to be relocated.  His concern is with the proximity of the tower to the tile; if White County has to do maintenance on the tile the contractors would be really close to the NIPSCO tower.  He does not want to put White County or NIPSCO in a liability situation.  He gave an example of a sixteen (16) feet diameter size tile hole a contractor possibly might be repairing very close to the NIPSCO tower. He will provide Attorney Loy with a drawing (attached exhibit) for NIPSCO for the suggested route of the E.H. Johnson #549 tile.

Attorney Loy said it will be NIPSCO’s responsibility to establish the White County roads preconstruction condition. He said NIPSCO is required to post a bond to insure that any damage to the roads and/or tiles is paid for. He requested new drawings, in a different format, from NIPSCO showing the right-of-way relative to the structures.  He is providing NIPSCO with a draft for the Consent to Encroach, attached exhibit and Road Use Agreement that defines the roads that are going to be used.





Eastin Meyer, Burns & McDonnell, consultant, presented the Reynolds-Topeka Powerline Project.  She said NIPSCO passes over six (6) regulated drains; it does not encroach on any drains for this project. There are five (5) open drains and one (1) below grade (buried) drain.

Member Diener asked that all places, NIPSCO is crossing, will be permanent encroachment with wires, but they will be at an elevation presumably that will not deter maintenance or repair?

Attorney Loy request a copy of the Contractor’s Scope (exert) with provisions covering damages from NIPSCO.  He request specific wire sag clearance for every location with more exact modeling (diagram) to attach to the contract.  He will provide a draft for the Consent to Encroach and Road Use Agreement to NIPSCO for this project.



The petition carried by Jim Carpenter, landowner.  The maintenance fund has $7,619.14. Currently collects $1.00 an acre and $5.00 minimum.  The annual assessment is $1,743.28.  The four year maximum is $6,973.12 and is not on the 2015 assessment report.

Vice President Heimlich made a motion to accept the Petition for Maintenance on the John M. Timmons #589 Branch #1 of Branch #4; seconded by Member Diener.          Vote: Unanimous



Surveyor Ward presented the Liberty Landfill drainage review for a new substation.  It is Wabash Valley Power substation located on the south side of 900 East.  Currently, titled Liberty Landfill; however some land will change names to Wabash Valley Power.

They will have an underground tile going to a retention pond.

Todd Frauhiger, P.E., AECOM, agrees with Surveyor Ward that there needs to be an easement agreement.

Attorney Loy request recorded Easement Agreements prior to this Drainage Review being submitted to Area Plan for the building permit.

Member Diener made a motion to approve the submitted of the drainage plan from Liberty Landfill contingent on the submittal of the drainage easement required for the eight (8) tile which upon it discharges into and the recorded easements agreements from the landowners south for the unregulated ditch; seconded by Vice President Heimlich.      Vote: Unanimous



Wayne Schroeder, landowner, present.  He starts with his first complaint saying that he “has been after Brad for four years to get something done and he has done nothing!; now Howe says we are going to have a new tile by spring and Brad is out there fixing the old one. So let’s not fix up the old tile, if we are going to be getting a new tile.”

President Burton said it will be about 365 days of the repair being undone and it might make “money sense” to leave that alone and just sit there, but then we have a functioning part to the south that hopefully is capable of handling water from the north.  We are not sure exactly the time table that it is going to take to make the Robert McWilliams #569 happen, so we are looking at a repair that might have gone two years.  We realize you want that done now, but in the function of the Drainage Board, and how we can get these things done realistically we are looking at two years.

Member Diener commented that the frustration at how slow things move thru government is a frustration that all of us feel.  We have to fix the debt between now and then; and sometimes it is not pleasing.  From a financial standpoint, I don’t think any of us are happy about repairing something and doing away with it, but sometimes that is what you have to do.

Surveyor Ward has done work on the Robert McWilliams #569 tile dating back four or five years.  This tile has been petitioned for reconstruction. We have had reconstruction petitions carried in the past and there is no guarantee if you carry a petition that the tile will be replaced.

Other tiles with a Petition for Reconstruction:

C.M. Mertz #2 #561 – East of the Robert McWilliams #569

Crowell-Wells #721-(Robert McWilliams dumps into) This tile is being worked on to develop an outlet for all three regulated tile that drain into it at Stringtown Road.  It has 2000 acres draining into it. The planning stage is 90% complete with a Joint Board meeting in November to approve the plans; followed by the public hearing in early 2016.

Wayne Schroeder asked if everybody is for an open ditch for Crowell-Wells #721?

Member Diener answered that the property owners affected were present at the last Carroll-White County Crowell-Wells Joint Board meeting and are in favor of an open ditch. Another property owner affected wrote a letter in favor of the open ditch.

Wayne Schroeder wants to know ”if there will be language in there telling whether it is the cows causing a slide in or heavy rains or something.  Where do you draw the line on livestock?” The cows are hanging out at the open ditch in Carroll County.

Allen Howe, Howe Excavating, suggested making the culvert longer, so the cows can go around the ditch.


President Burton said they have the capability to restrict cattle if this becomes an open ditch.

Vice President Heimlich comments that there is a provision in the drainage law that the surveyor determines the damages from the livestock in the ditch and he can assess the owner of the livestock for maintenance.

Wayne Schroder asked about Idaville.

President Burton said at the point in time when it comes time to address the Idaville situation when that time is appropriate and we will try to address any problems there is within our ability to address; but today is just the watershed.

Next complaint from Wayne Schroeder was he said “about three years ago that you guys told me that it was going to take $36,000 to go under the railroad with permits, etc…and Mr. Anderson told us that when they run the sewer the railroad tried giving the stuff to them and they checked into it and the railroad does not own the ground or the right-of-way or something and that they did not pay no permits to go under the railroad, because they do not actually own the property.”

Attorney Loy said you are not going to be able to go under any railroad without their permission and requirements.  There is not any railroad line you can go under without getting their consent.






Dave Fisher, Benton County Surveyor, is sending a letter for a Joint Board on Pine Creek.



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






___________________             ___________________­_____         __________________

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