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BE IT REMEMBERED, that the White County Drainage Board held a regular meeting on Monday, November 21, 2016.  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 Brad Ward and the Drainage Board Secretary Jennifer Hill.

Others present were:

Mike Kyburz – White County Highway Superintendent Robert Gregory

J.D. Smith – White County Highway Dept. David Brechbiel

Ron McCoy Ryan Layer – L R Excavating

Rod Pool Ike & Carol Bacon

Mayor Ken Houston William Medley

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 7, 2016; seconded by Member Diener. Vote: Unanimous (3-Favor 0-Opposed)


The time for submitting quotes has passed.  There were 4 bids solicited and three bids received.  The Surveyor’s estimate of the Project is $20,780.00.  White County Attorney George Loy then announced the bids received.

L R Excavating $16,500.00

County Line Tiling & Excavating $11,400.00

Johns Brothers Tiling & Excavating, INC. $19,500.00

After short discussion, there was a motion by Member Diener to accept the bid of $11,400.00 from County Line Tiling & Excavating, INC. Winamac, IN, with a second from Vice President Heimlich.

Vote: Unanimous (3-Favor, 0-Against)


Dollar General

Surveyor Ward explained this has been tabled the last couple of meetings.  The plan is to demolish the house currently on the lot and add the building with an “L” shaped parking lot.  This plan was reviewed by Todd Frauhiger, there has been some dialog back and forth with the developer on this project. Jason Miller from Randall Miller has reviewed them as well.  Mr. Frauhiger has given his approval on the design.  Jason Miller has reviewed it for the City and I believe their comfortable with the design, there were some changes made after their dialog and at this point we believe the Drainage Plan for Dollar General is ready for approval.

A motion was made by Board Member Diener that the Drainage Plan that’s been approved by both the City and the County’s Engineers; seconded by Vice President Heimlich.

Vote:  Unanimous (3-Favor, 0-Against).

Twin Lakes Schools (Meadowlawn)

Next on the agenda, the drainage plan for the Meadowlawn Elementary School.  They’re going to be adding on a gymnasium and some classrooms, the playground will be moved.  They’ll be expanding the existing retention pond.  This has been approved by Todd Frauhiger and he’s fine with the design.  Jason Miller has reviewed it for the City as well and I believe we’re ready to approve this plan.

Member Diener made a motion that the Drainage Plan for the Meadowlawn School be accepted after both city and county engineer reviews; with a second from Vice President Heimlich.

Vote:  Unanimous (3 – Favor, 0 – Against)


South Park Drain

Surveyor Ward explained that next on the agenda was the hearing for the South Park Drain.  Currently there is a South Park Urban Drain that runs down South Park then runs North thru the subdivision then out to Buss Ditch.  With the Expansion of Gordon Road we’re looking to tie into the catch basin of South Park Drive and running a tile drain between two lots for which easements have been obtained and then tying into the Countrybrook storm drainage.  In Country Brook there is a “ravine” for lack of better terms, to which a 30” tile runs to which then intersection and it runs out to the end of the road, it will then be tied into the storm system and then running that water out the ravine.  The floor was then opened to the public for questions.

Mr. William Medley – (110 N. Countrybrook) Wanted to know where it would tie in to.  He was concerned what would be affected due to his building a garage on his property.

Mr. Isaac Bacon – (201 N. Countrybrook) Wanted to address the holes in the existing tile before it reaches the ditch.  Located east of Countrybrook Drive, the tile goes right behind their house down to the ditch.  Mr. Bacon wanted to make sure that the downed trees and such were going to be cleared up as well.

Mr. Robert Gregory – (104 N. Countrybrook) Wanted to know how wide and deep the ravine was going to be.

Mr. David Brechbiel – (105 N. Countrybrook) Wanted confirmation that the 30” tile would sufficiently handle a heavy rain and also wanted to confirm that trees and brush cut would be taken care of and not left like it has been previously by utility companies.

When there were no further questions from the public or the board, Attorney Loy advised what was being considered:  If the proposed drain established and recorded by the Surveyor Report is practicable and will adequately drain the affected land; and that the costs, damages, and expenses will be less than the benefits accrued to the owners and whether the proposed drain will improve the public health, benefit the public highway or be a public utility.  If all of those are answered in the affirmative then the drain can be established.

There was a motion from Board Member Diener that the drainage board  adopt the South Park Drain, having acquired the easements through the property owners necessary using the existing right of ways; with a second from Vice President Heimlich.

Vote:  Unanimous (3 – favor, 0 – Against)


Attorney George Loy acknowledged that Ron McCoy was present and wanted to give him information concerning his objection of his reconstruction assessment.  Attorney Loy stated to the board “that the question is whether or not there is a legal basis for being excluded from the assessment for the reconstruction project that was done a year ago.” Attorney Loy doesn’t believe there is a legal basis and Mr. McCoy has been assessed since 2014.  Attorney Loy also stated that if Mr. McCoy wanted any further legal advice as far as how to proceed he should contact his own private Attorney. In closing Attorney Loy explained that there comes a time even if there was a legal right at the hearing to object to the assessment and be excluded if the Board had agreed with Mr. McCoy’s reasoning.  However, there does come a time when it becomes too late to even raise a valid objection.

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


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