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March 15, 2004 Tape #006

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 A. Schmierer, John C. Heimlich and O. D. “Bud” Ferguson, Attorney George W. Loy, Surveyor Dennis W. Sterrett, Engineer L. Todd Frauhiger and Secretary Romana L. Kiser in attendance.

Also attending were Bob Thomas and Chad Reynolds, Town of Wolcott employees, Dirk Fleck, representing A. B. Robinson Drain landowners, Duane Pilotte, Jack Pherson, Trent Pherson, and Charlie Mellon.

Chairman Schmierer opened the Hearing for Maintenance on the A. B. Robinson Drain in Honey Creek Township. Chairman Schmierer asked if it was the drain we had the landowners’ meeting on. Surveyor Sterrett answered, “Yes, this is CR 100 West; the open ditch starts there and drains to the Hoagland. Cleanout is going to be from there to 225 West.” Chairman Schmierer stated, “We had a landowners’ meeting on this and we are having a Hearing on it now so we can go ahead with the project.”

Surveyor Sterrett stated, “It is going to be done out of maintenance. Dave Hall was here last time and wanted the spoil put, he farms the Johnson farm, and I was going to put the spoil on the east side but he wants it put on the west side so I changed my specs.” Chairman Schmierer asked if anyone else wanted to speak about the project.

Landowner Dirk Fleck asked, “First of all, there is a small segment at the west end of my forty that goes to the south, is that included in A. B. Robinson?” Surveyor Sterrett said yes, there’s 460 feet of it. Dirk Fleck said, “So it is part of it that will be cleaned, ok. And then, also I have talked to all the farmers this affects, going into it, and we would all like for that project now to be put on hold until Fall time of the year. Just because we’re getting late enough in the spring, we’d like to know if the Surveyor could do the dipping in the fall time of the year. That includes Dave Hall, Ron Allen, Dave Lachmund, George Cleefman, myself, we’re all on the same page. We’d like this to hold off now; it’s getting late enough now that it will be hard to deal with if you dip it this spring. That’s our request.” Chairman Schmierer said he didn’t think there would be any problem with that.

Surveyor Sterrett asked, “What is the latest, I was trying to think when we could get the quotes on it.” Dirk said, “We’re at a point now where we are already at the latest. It keeps going further and further, and we would really like for it to wait now. Hard telling how the Spring will shape up, but with the crops…..inaudible…..Dave Hall is the only one that is neutral on it, because he said it is not going to affect him. He’s not going to farm where he’s at, the rest of it, the rest of it….inaudible…..So, we prefer to wait.” Chairman Schmierer asked is that a problem? Surveyor Sterrett answered it is not a problem with him. Board Member Heimlich said when you get the quotes just tell them that it would be after harvest.

Chairman Schmierer stated, “There being no further discussion or evidence to be submitted in these proceedings the Chairman would consider a motion to adopt the schedule of assessments previously adopted (no new assessments on this project, it is a maintenance project and maintenance funds will be used).” Board Member Heimlich so moved, Board Member Ferguson seconded. Chairman Schmierer continued, “The motion has been made and seconded to accept the proceedings. All in favor say ‘aye’. Upon a motion duly made and seconded and after having considered all the evidence….inaudible…Those members of the Drainage Board in favor of adopting the schedule of assessments originally filed in these proceedings (no new assessments filed on this project) raise your right hand. (Drainage Board voted) The White County Drainage Board by a vote of 3 in favor and 0 opposed now hereby adopts the schedule of assessments originally filed herein (no new assessments filed with this project). The White County Drainage Board issues its written Findings and Order declaring the maintenance report and schedule in these proceedings established (for the maintenance project on the A. B. Robinson Drain). Notice of this Order shall be published as required by law one time in thirty days.”

Chairman Schmierer reported that Town of Wolcott employees are next on the agenda concerning tapping into the Unroe Drain. He said they have a drainage problem on one of their roads and they want to go under the road and go into the Unroe Ditch instead of the tile and he doesn’t think the County has a problem with that. He said it is where they built the road up for a truck route; they are trying to get the road drained. Bob Thomas said it is flooding a guy’s driveway and it is going under his house. Bob Thomas said, “Also while we are here, we would like somebody to come over and take a look the ditch. The culverts that go under the road are lower than the actual ditch is now. I think….inaudible….And then north of Wolcott, we’re going to have to do something out there, too. We have all this water coming in from the west, it comes into the park. The State put in a new tile along the highway and now we get more water from that field just west of town, I think it is the Mathew farm. It’s all puddled into that park and it is having a hard time leaving town. Coming into town is good, but not leaving good.”

Chad Reynolds said, “We would just like to see if the ditches could be dredged. Take a little bit out of each of them.” Chairman Schmierer asked, “Are you talking about north along the side road out there where all the factories are?” The answer was, “Yes, and the Unroe that runs through town, there might be a foot of soil above where the tiles cross the roads, stuff has washed in.” Bob Thomas said, “Underneath the roads its holding water and with this West Nile we are having to combat mosquitoes and like right now every road we have in town there’s probably 4 or 5 inches of water under each road where the culverts are because it can’t go on any farther because that’s how much the dirt or silt from the fields have washed in.” Chairman Schmierer asked Surveyor Sterrett to write that down and they would go check on it.

Surveyor Sterrett asked, “Where are you talking about, along Scott Street?” Bob Thomas said, “The open ditch along Scott Street.” Chad Reynolds said, “Everywhere there’s a road where there’s a tile that goes under it. The tile is lower than what the culvert is. There’s a lot of ground built up.” Surveyor Sterrett said that would probably have to be all hauled off. Chairman Schmierer said they will run over and take a look at it.

Chairman Schmierer asked if there should be a letter given to them giving permission to drain that street into the open ditch. Attorney Loy stated, “There should be a motion and second, a vote in favor of it, you don’t have to give them a letter, does their assessment need to be modified at all because of that?” Board Member Heimlich answered, “I wouldn’t think so, they’re in the assessment.” Bob Thomas stated, “We are just going to put a couple of catch basins in and shoot tile under the road. Attorney Loy said to just get it in the minutes that you approved it.

Board Member Heimlich made that motion to approve allowing the Town of Wolcott to tile into the Unroe Drain at the culverts. Board Member Ferguson seconded the motion. The motion carried unanimously.

Surveyor Sterrett reported a maintenance request made by Bob Hunt on the Yount Drain. Surveyor Sterrett said, “Mr. Hunt said it drained before. The ditch was dredged in 1993. He thinks, and I never took any elevations, but that 1,100 feet from that outlet to that field crossing to get his tile out of water. There is some brush on it.” Chairman Schmierer said he was out there in the spring. He asked what it will cost to dredge it. Surveyor Sterrett answered, “Right now it is $405.00 in debt. But we haven’t got the 2003 Settlement yet, $1,605.00 so after the Settlement there will be $1,200.00 in the maintenance fund. We had a $1,000.00 repair here (indicated on map) last year and had a washout here now being repaired and we haven’t got the bill on it yet.” Chairman Schmierer said, “So now we aren’t going to have any money left in it.” Surveyor Sterrett stated, “I figured fifty cents a foot for brush and seventy-five cents a foot to dip and that would be $1,375.00 to get that dipped out.” Chairman Schmierer said, “So you put it right back in debt again.”

Surveyor Sterrett said that in 1993 Bob Hunt wrote a letter to the Drainage Board saying he didn’t want it dipped out then; he was an objector to the Reconstruction. Chairman Schmierer said, “Now he wants it done so he can have drainage again. He got drainage out of it then. How long of a stretch do we have there?” Surveyor Sterrett said 1,100 feet. Chairman Schmierer asked how much of it needs reconstructed. Surveyor Sterrett answered, “That 1,100 feet. The rest of it is pretty much in good shape.” Surveyor Sterrett explained what the problem was that needs repair (part not audible-see tape).

Chairman Schmierer asked what the yearly maintenance collect is on the Yount Drain. Surveyor Sterrett answered it is $2.00 an acre. Chairman Schmierer said we are just getting it out of debt and we’re going to put it right back in debt. He said it will probably be out of debt again next year with the money coming in. Surveyor Sterrett agreed, he said we should be alright. Chairman Schmierer asked the Board what should be done, if we should raise the maintenance on it. Attorney Loy asked if it has been modified recently. Surveyor Sterrett said he thought in 1992 when they did a Reconstruction they might have raised the maintenance on it too then.

Surveyor Sterrett stated that we’ve had two washouts on it downstream, it goes into Pulaski County. Chairman Schmierer asked if Pulaski County collects anything on it. Surveyor Sterrett said yes they do. Chairman Schmierer said we’d have to have a Joint Board to raise it then. Chairman Schmierer said, “I don’t know, we’re talking being right back out of debt after collection of this year’s taxes for next year. And it is probably something that needs to be done.” Board Member Heimlich said, “If it is going to be out of debt that quick I probably wouldn’t do it as a Joint Board to raise it.” Chairman Schmierer said to go ahead and get quotes on it and fix it.

Next on the agenda was a concern from Duane Pilotte that the ponds at Hoosier Lift are not being maintained. Board Member Heimlich recalled, “Several years ago I got a call from Denny Mathews out there on that. Maybe you have it, Denny, there was something in a file when Hoosier Lift went in out there it was written what they were to do out there with that pond.” Attorney Loy asked, “This is all pre-Drainage Ordinance?” Board Member Heimlich said ‘right’.

Surveyor Sterrett said, “I’m not certain whether this is a civil matter or Drainage Board.” Board Member Heimlich said he was unclear of that, too, that time. Engineer Frauhiger said it was him and former Surveyor Rick Raderstorf that went out there. Board Member Heimlich said Rick went out and talked to them because we did have on file that agreement of what they were supposed to do. He said it was his understanding that from that time, at least for a while anyway, they did what was required.

Surveyor Sterrett said, “I would’ve talked to them while I was out there, but the place is shut down.” Chairman Schmierer said he came by there Thursday and it looked like they were operating again, there were quite a few cars out there. Duane Pilotte said actually they are just parking cars there; the actual Piggyback or Hoosier Lift doesn’t seem to be functioning. He said, “Denny and I went back there the other day and took some pictures. Their pumps have been flooded, there’s a big pump room that is submerged and it is clear full of water and the ponds are clear full so with any kind of rainfall it will back out and go east into that County drain on the south side of the railroad.” Board Member Heimlich said that is what the problem was several years ago.

Duane Pilotte said, “As far as whoever maintained the ponds, the pumps are way down now, we couldn’t even see the pumps because they’re submerged.” Surveyor Sterrett said, “What they have done is, Duane told me this, they put a forty-five (angle) into the tile, all of this is pumped into Jasper County. They’ve taken an eight inch plastic tile and put a forty-five into the outlet then they can bring in a temporary pump and suck the water out of the pond and force it into that main, but they haven’t been doing that. So, when they do that they only get the level down about two feet. Before, it was pumped underneath those pumps I guess.”

Duane Pilotte said evidently each pond is designed with a gate valve on it and I assume they are covered with silt and trash and the equalizer tubes are the only thing that is doing any good. So the east pond that overflows into your County drain never gets down to where it is supposed to be.

Board Member Heimlich asked Engineer Frauhiger if that agreement was with the Drainage Board or was it with the adjoining landowners? Engineer Frauhiger said he didn’t think it was with the Drainage Board. He said it might have been with Jasper County. Board Member Heimlich asked Denny if he had a copy of it, saying it should have been in the file, because he remembered at the time they looked it up and there was an agreement that they had signed as to how they were going to maintain the ponds, but he forgets now who the agreement was with. Surveyor Sterrett said he had not found that agreement. Duane Pilotte said that goes back to when Jim Milligan was the County Surveyor and that it was all approved by Area Plan and the drainage part was also approved by Area Plan at that time.

Chairman Schmierer asked Mr. Pilotte if it was flooding his field. He responded that it does more damage to the Diemers to the south than to his. He said they’re the ones that are really getting hit hard but are not the type to complain to anyone about anything. He said there is a culvert that comes out of the east pond that comes underneath the railroad. Mr. Pilotte stated the ponds are in White County but it was set up to drain into Jasper County.

Engineer Frauhiger stated, “When Rick and I went out there, the person who was operating it didn’t know anything about the agreement, didn’t even know how to turn the pumps on. Rick and I went over and looked at the control panel and helped the person turn the pumps on. We turned them on, they came right on and Rick said a couple of weeks later they had the ponds lowered back down. That person at that time said they would start doing what they were supposed to be doing per the agreement. Obviously, that’s been a few years.” Chairman Schmierer said, “There’s nobody there now, it’s locked up.” Duane Pilotte said, “Every year there is a new group of people even when it was operating and they didn’t understand what those ponds were for and one group didn’t even realize those were their ponds, they thought it was the farmer’s ponds. It is a nice wildlife refuge.” Board Member Heimlich said, “I remember seeing the agreement but he doesn’t remember who it was with, and you say you (Engineer Frauhiger) went out with Rick.”

Surveyor Sterrett said, “You can see in the pictures, I don’t think the electrical part of it pumps. Here it is, the control panel, here it is laying flat on the ground. I don’t think it is working at all.”

Duane Pilotte said, “This catch well here is where the pumps are and they’re probably 25 feet in the ground and the water is within six foot of the top, right? (yes) There are two big pumps in there.” Engineer Frauhiger said it wasn’t like that three years ago, so it has fallen into a state of disrepair. Surveyor Sterrett said, “This is what they put on so they can pump it down.” Duane Pilotte said they took a temporary pump and hooked into that which goes down into the main.

Chairman Schmierer asked if we have anyone to contact with TP&W. Duane Pilotte said he gave Surveyor Sterrett the last contact he ever had with TP&W Railroad. Surveyor Sterrett said he hadn’t tried to contact them yet. Attorney Loy asked if these were put in when Hoosier Lift originally went in. He said that was the mid 1980’s. Mr. Pilotte said yes they were. Surveyor Sterrett said he went to Jasper County and got the plans and everything and a letter that Jasper County approved it in 1983. Chairman Schmierer asked if they (Jasper County) have a contact person. Surveyor Sterrett said they were working with an engineering firm. More discussion about the agreement, who it was with, etc. (see tape).

Attorney Loy stated he recalled representing them and maybe it was a condition of their rezoning. Duane Pilotte said it was actually a decent system when it was designed and presented but then there has never been any maintenance and it just deteriorated over the years. He said, “People come and go there and it has really been an ongoing problem, but this is the worst because there isn’t anyone around that you can talk to and the ponds are full, muskrats were in it the other day and the geese really like it.” Attorney Loy went to the Area Plan office to see if they had a copy of an agreement.

Chairman Schmierer moved on to Engineer Frauhiger who presented a resubmittal of the original drainage plan for a two lot subdivision on Monon Road for Richard Turbin called Turbin Addition #1 for approval. Chairman Schmierer asked if it had a retention pond. Engineer Frauhiger answered that it did not require one. The first submittal did not show that a building was gone, nor did it show where the spoil was placed.

Board Member Ferguson made a motion to approve a waiver from the Drainage Code for the Turbin Addition #1 Subdivision. Board Member Heimlich seconded the motion. The motion carried unanimously.

The Drainage Board resumed talks on the Hoosier Lift ponds at this time. Secretary Kiser said she went through all of the minutes concerning Hoosier Lift. Surveyor Sterrett stated he did not find any agreement. Board Member Heimlich said he knows at that time Surveyor Raderstorf had located it and Denny Mathew had told him that there was an agreement that spelled out what they were supposed to do. He said he thought turning the pumps on was taken care of at that time. Duane Pilotte said, “Even in the last several years apparently the grates on the ponds are plugged with silt and trash because they were just pumping them down off of the west pond to where the equalizer tubes….so the middle pond and the east pond never did really get emptied. Last year the young fella that was kind of running the place said he even stocked the east pond with fish because he wanted a nice wildlife place to fish. The original plans were that they could hold four inches of rain and then pump it out and it would be completely dry in 48 hours, but then there is a concern with Carpenter Creek. That does drain into Carpenter Creek in Jasper County, so they weren’t supposed to run the pumps as long as that creek was flooding, which is a good plan.”

Chairman Schmierer stated, “I had called Todd (Engineer Frauhiger) last Friday and asked him about the Brechbiel (Tile) out here. Trent Pherson had called me and asked me what I knew on the Brechbiel. I knew we hadn’t done anything with it in a meeting, so I called Todd to ask him where we stood on it. Trent had asked me how it was going to be paid for. So I was trying to get some answers. When they said you (Todd) were here this morning I called Trent and told him to stop in and I would try to get some answers. So where are we on that?”

Engineer Frauhiger stated, “I talked with Denny and I think we met with Allen (Howe) standing out here in the hall. Allen had a new piece of equipment coming in, a new type of trencher. He was reluctant to give us a price because he said if this new trencher worked well it would be a cheaper price. I never heard back from Allen and quite honestly I had forgotten about it. I don’t think Denny ever heard back from Allen and I’m not sure if you (Board) did. But, we had a route laid out. Like I told Ron (Schmierer) on Friday, I will have to call Allen this week and come up with a cost. But, I think the only way you’re going to pay for it is out of maintenance. You have a maintenance assessment and the way Allen was talking it is going to be less than ten thousand dollars ($10,000.00).

Jack Pherson stated, “He gave us two or three different prices, you know, sized tile…..I haven’t got them with me.” Chairman Schmierer said, “Alright, I had never seen any pricing and I told you guys I hadn’t heard anything or seen anything. But there again, we were questioning how it was going to be paid for and that is what I want to know. There is nothing in the minutes where we ever agreed to pay for it or HOW we were going to pay for it. That’s what I want to know and that’s why I was calling Todd to find out how it was going to be paid for.” Engineer Frauhiger stated, “Maintenance is the only way to pay for it, I think, unless you do another reconstruction, which doesn’t make any sense. It’s going to be a maintenance project. I know it is slightly in debt now but they are talking about raising the maintenance assessment on it for a couple of years to pay for it and dropping it back down.”

Chairman Schmierer asked what the maintenance rate is on it now. Secretary Kiser stated she thinks it is $2.00 an acre. Trent Pherson thinks there is approximately 260 acres. Chairman Schmierer asked how many landowners. Trent Pherson thinks eight. Chairman Schmierer said if it is going to cost $10,000.00 and there are 260 acres it is going to cost roughly $40.00 an acre. Board Member Heimlich said it would be about $39.00 an acre. Chairman Schmierer said if you raise it for 3 years it would have to be about $13.00 an acre. Trent Pherson asked if you can raise it that much all at once. Board Member Heimlich said we would have to have a Hearing to raise maintenance.

Engineer Frauhiger asked Phersons if they remembered the prices Allen Howe gave them. Jack Pherson said it ranged from $10,000.00 to $14,000.00, smooth core and I can’t remember the size of it. Trent Pherson said that was with his new machine. He said he (Allen Howe) wants to be able to go in twelve foot deep without scalping anything.

Surveyor Sterrett returned with information. He stated it brings in $463.00 a year. It is $2.00 an acre and $2,200.00 in debt.

Chairman Schmierer stated, “No doubt we will have opposition to this. Who owns the biggest majority of it?” Jack Pherson stated, “Tribbett has a big share, I have a big share, and Wayne Hunt has a big share.” Trent Pherson said Dr. Tribbett probably has the most. Chairman Schmierer said he didn’t think Dr. Tribbett will object. Phersons agreed, saying that he just wants it working. Board Member Heimlich asked how much Mr. Hunt has. Phersons thought about 35 acres. Surveyor Sterrett said he does not have the watershed with him or the assessment sheet. Board Member Ferguson said Wayne Hunt’s is on the south side of the road so it is not bothering him. Trent Pherson said it is the old Hutton farm and the water comes down on them.

Attorney Loy returned from Area Plan office with the rezoning file for Hoosier Lift. Attorney Loy stated, “There was no drainage agreement per se (in this file). This is was their plan they submitted back then. It shows……” Chairman Schmierer said, “Mr. Pilotte says two of those ponds are supposed to be dry, am I right?” Duane Pilotte said really all 3 were designed to run off and dry out. Chairman Schmierer said now they are not drying out. Engineer Frauhiger stated what Attorney Loy has is the layout. Duane Pilotte (looking at the plans for the ponds) said, “These ponds are banked up so they don’t overflow (middle and west ponds), but the east pond has a low, low bank so when these ponds fill up and the equalizer tubes…. (inaudible)….and ……come over the wall and go out into this area where there’s a big County drain that goes along that track.” Surveyor Sterrett said, “Actually they are probably five or six feet deep.” (Plans studied).

Chairman Schmierer stated, our problem is, who do we contact? Board Member Heimlich said they probably have names over at the Industrial Foundation. Duane Pilotte gave the latest business card he had for the Assistant Superintendent. He was there last year and probably not there anymore. Board Member Heimlich said we can probably get some names to contact TP&W. Chairman Schmierer stated, “John says we probably have names of contacts in the Industrial Foundation because of working with them on that expansion out there, if we get some names can you (speaking to Attorney Loy) fire a letter off for us?” Attorney Loy responded he would sure try. Board Member Heimlich said he wished we could find that agreement before we do anything. Attorney Loy agreed. (Discussion followed that this is the same problem Board Member Heimlich got a call from Denny Mathew about just about 3 years ago. There was an already existing agreement at that time.) Secretary Kiser stated they would look for it in the (Surveyor’s) office. Chairman Schmierer stated we will try to pursue it and try to get an answer.

Duane Pilotte stated, “If you do get a hold of anyone, it would be my guess that they might send somebody out to throw a surface pump in there, but they’re really not correcting the problem (if they do that).” Chairman Schmierer stated we will try to work on that.

Chairman Schmierer continued discussions on the Brechbiel Drain and directed a question to Attorney Loy saying, “Trent Pherson had called and asked me where we were at on the Brechbiel and we had never agreed to do anything in a Drainage Board meeting, we never agreed to pay for anything. Todd and Phersons had talked to Allen Howe and he is supposed to get us back an estimated cost. He seemed to think the estimated cost would be in the $10,000.00 range.” Attorney Loy asked, “Is that to put in a line that runs along?” Todd said parallel to the existing, maybe a little bit different route. Chairman Schmierer said, “A ten inch, well I don’t know what size, anyway we are roughly going to have a $10,000.00 or a little more, it is in debt now, it doesn’t bring enough money in to do anything, it could be done under maintenance if we raise the maintenance for two or three years to pay for it, as we have done in the past. We would have to have a maintenance (modification) Hearing to do that. Is that your suggestion that we have a maintenance Hearing? We know we’re going to have an objection to it.” Attorney Loy stated there needs to be a Hearing one way of the two.

Board Member Heimlich stated, “My question would be if somebody wanted to fight that, is that a legal way to go if we’re putting in a brand new tile? Can you put in a brand new tile under maintenance?” Attorney Loy stated, “Offhand I would say it is more on the nature of reconstruction.” Chairman Schmierer said that is his thinking, if we go to work and try to do it through maintenance, we know we are going to have objections so probably we would be better off to petition it to put a new tile in under reconstruction. Attorney Loy said offhand he would agree. Chairman Schmierer asked what do we want to direct Denny to do? Attorney Loy answered, “Refer it to him for a reconstruction report if somebody is willing to petition the Board to have it reconstructed accordingly.” Chairman Schmierer said he presumed Phersons would do that. Phersons agreed.

Board Member Ferguson said, “All it is doing is correcting the the mistake they made isn’t it?” Trent Pherson said, “Yes. If we have a reconstruction do we have to go through an engineering plan again? That would be….I don’t want….inaudible.” Board Member Heimlich said, “I wouldn’t think, I mean, we’ve already done this.” Trent said, “We can pretty well do what the contractor says?” Chairman Schmierer said, “Denny is a registered surveyor, he can sign off on anything. Before we didn’t have a registered surveyor, that’s where our problem lies, when we had to have an engineer. And now that Denny’s a registered surveyor, he can sign off on anything we want to do in the way of tile or reconstruction of a ditch or something.”

Attorney Loy said, “None of this is an open ditch?” Engineer Frauhiger said, “No, the only thing that I will state, and you may know this, the volume of water that got…..inaudible….a couple of times is not going to be totally taken away with one additional tile we put in the ground. There is still going to be times it floods. There is no way to get a hundred year storm under the ground.” Attorney Loy said, “And of course at the Hearing it comes before you guys and you’ll need to make the determination that the cost of this justifies the benefit.” Surveyor Sterrett said, “There’s only going to be one benefit, the landowner that the tile is running through.” Engineer Frauhiger stated, “There’s so much overland water comes through there it closed the one County road and backed up upstream of the County road and backed up upstream of the State road. It was like the middle of a lake.” Trent Pherson said, “Our shop floods out now and that’s clear on the other end. We never had that happen until we did this project.”

Chairman Schmierer said, “So, if I understand you right, let me be clear, the Phersons need to go ahead and petition it to put another tile in.” Attorney Loy stated, “Putting another tile in would be a reconstruction project. Somebody should file a petition requesting us to look into that, as a reconstruction project, yes.” Chairman Schmierer said, “Alright, I’m not sure that’s the answers we want, but that’s the answers I’ve got.” Board Member Heimlich said, “This tile will just be part of the Brechbiel, it will not be an additional tile, it will still be a part of that same assessment.” No one disagreed. Board Member Ferguson said, “It will just be correcting something that wasn’t done right.” Engineer Frauhiger said, “No, Bud, that is not correct. As a matter of fact, we got an engineering review of the work we did by Paul Couts in Lafayette and you got a copy of the letter. Basically, what it stated, we were…….inaudible…..significant amount of water flows overland and it has, I think Allen said at our meeting, we can’t get rid of all of it, but we can make the drain to the bathtub bigger, if you will. Maybe not have it stand quite so long. But this overland water is still going to come. It was flowing over the road one time when I was out there that I didn’t try to go through it with my 4-wheel drive pickup truck, and that is surface water.” Board Member Ferguson asked if that was the road going north and south. Todd said that is correct. Chairman Schmierer said it was over the blacktop, too. Todd said he got through that, but not the gravel road. Chairman Schmierer said, “I think part of the backup there was causing backup north also.” Trent Pherson said that is why it comes overland because the tile behind it is not able to handle the amount that it should. Chairman Schmierer said, “Right, when I was out there it was plugged north, too. Alright, so that is where we stand.”

Surveyor Sterrett asked, “Since I am about twenty petitions behind, does this go in line?” Chairman Schmierer said, “Well, I would say it would have to go in line because we have some you have got to get done now. We’re not going to get it done this spring now anyhow. There’s no way you can get it done this Spring I don’t think, if you have to have a petition and Hearings and everything. You’re going to have to have Hearings and that’s going to take sixty days to have Hearings.” Attorney Loy asked how many landowners are on this approximately. Trent Pherson thought about ten.

Surveyor Sterrett reported the Charles Bossung Drain maintenance project is about done. County Line Tiling/Excavating has to level the spoil. Board Member Heimlich said he is in the process of leveling it now. He said the tile is running water now where it was under water.

Surveyor Sterrett said, “I went and looked at the Kleyla Branch of the Esther Fraser Drain that he (County Line) took the brush off of, and Mike Ezra dipped it out, Isom paid for that. And I think we have a severe blockage at the culvert at First Street, the street north of The Rose. He said he thinks if we get that trash out of there it will drop the levels about two feet. He checked the elevation on the trash side is two feet higher than the other side of the culvert. Chairman Schmierer asked who would be responsible for taking that trash out of there. Secretary Kiser stated, “One time we called Joe Heath, he owned the trailer court. But that was clearly, a sofa and some things, stuff that his residents had put in there. But Denny said the stuff that is hung up in there now is stalks and things.” Surveyor Sterrett said there is something blocking it and then there are corn stalks and everything started piling up behind it. The Board agreed that we should get it out of there so it can drain. Chairman Schmierer asked if that is on Wiese Trailer Court property. Surveyor Sterrett said there is a trailer on each side of the bank. Chairman Schmierer asked if you can get an excavator in there. Surveyor Sterrett answered yes.

Surveyor Sterrett reported that we received a denial notice on construction in a floodway that Don Ward had submitted north of Lee. Chairman Schmierer said Don Ward had talked to him about it and he thinks that is another drain that we will do like we did for Wiese.

Surveyor Sterrett reported that he went to a preconstruction Hearing on the Carter-Hines Drain at the State Highway garage. They are going to put that pipe in on Branch #1 on Highway 16 on April 15. They have ten days to put it in. Chairman Schmierer said, “We got notice that they are going to close that road for ten days?” Surveyor Sterrett said yes. He said it is going to be plastic, PVC.

Surveyor Sterrett reported on blockage in Big Creek at Charles Anderson’s. Surveyor Sterrett showed a photo. There are trees causing blockage and eating out the banks. He said Mike Ezra is going to be out there making another pond so while he is out there he can pull it out. Chairman Schmierer asked if we got the one out of the McKillip Drain at Monon. Surveyor Sterrett said no, that wasn’t a regulated drain there. He said he talked to Joe Roach of SFLECC and he talked like he might be able to get it out this spring.

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

Chairman Schmierer adjourned the meeting.