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BE IT REMEMBERED, that the White County Drainage Board held a meeting on Tuesday, October 8, 2019. The meeting was held at the White County Building, 2nd floor, Commissioners’ conference room beginning at 9:00 a.m. Drainage Board members present were: President Steve Burton, Vice President John Heimlich and Board Member David Diener. Also, present were the White County Surveyor Bradley E. Ward, Attorney George Loy and Board Secretary Jennifer Hill.


President Steve Burton called the meeting to order.


· Vice President Heimlich made a motion to approve the minutes as presented for the meeting held on September 16, 2019, seconded by Board Member David Diener.

Vote: Unanimous (3 – For, 0- Against)

J. CONWAY #525 Hearing cont’d from September 3, 2019

Surveyor Ward explained this hearing is continued from last meeting. There were two remonstrances that have been responded to by himself and Attorney George Loy. This was designed on a 10 year storm event over 24 hours and to remove the water from the site in a 24-hour period. There are 653 acres in the watershed and we have an Engineers estimate of $395,065 which puts it at about $605 an acre. The tile will start with a 36” and taper down to a 12”. Two separate remonstrances for 3 parcels were filed on behalf of the Sheets and the Hawkins Trusts. There was short discussion as to the ramifications going forward for diverting the water to the Roudebush Open Drain without permission from the Surveyor. Attorney Loy explained that you can’t change watersheds without the permission of the Surveyor, you can’t connect to a drain without the permission of the Surveyor that takes action of the board. Attorney Loy advised “for the record, copies of the rebuttals were provided to the representative of them both.” Kyle Rule representing the Hawkins Trust request what their options are if being removed from the watershed isn’t possible. The two proposals the Hawkins Trust provided were to be removed from the Conway watershed or to be given credit for the cost they’ve already assumed taking their subsurface water another direction. Chris Freeland spoke in regards to the tiling and issues from 2004 to present on the property. Attorney Loy advised that the law is very clear. When an owner wants to connect or extend their drain into a regulated drain, which the Roudebush is, the owner should file with the County Surveyor permission to connect the drain to a regulated drain and then it’s up to the Surveyor to determine whether or not the drain is adequate to handle the additional flow.

Jon Thompson stepped to the podium to speak. Jon stated that he has had an independent contractor look at this project a year and a half ago because we tried to put this project in privately and were met with a stern no. Mr. Thompson explained that they have no need for a 36” tile for subsurface water, however, when there is a large rain event they have major ponding across the Widmer Farm and then onto his farm. The contractor that he spoke with told him that a 36” tile is what they needed for the surface water.

Mr. Rule wanted it noted that the private meeting was held after the 2017 completion of the pattern tiling system on Hawkins that removed all the water off the Conway.

Attorney Loy stated for the record. The Drainage Board holds Landowner’s Meetings, this allows the landowners to weigh in and inform the Board and the Surveyor on things that you are discussing now, and that was done in this case, all before the assessments went out. “

President Burton explained that the Board makes a determination on the evidence before them, they’re to determine whether or not to move forward with the project or not, whether the costs outweigh the benefits or the benefits outweigh or are equal to the costs.

After short discussion, Attorney Loy advised that the hearing could be continued to a later date either set today or later.

Brian Nielsen, with HWC Engineering stepped up to speak. Mr. Nielsen stated that the current design was intended to meet 24 – 30 hours of getting water off the property from one end of the watershed all the way out. We looked at various sizes and this was what was requested. If it was the Boards decision to re-visit the design, it would probably be 2-4 weeks to have a new design, costs, time duration and sizes. Attorney Loy explained that the law does permit after considering the objections that the Board may amend the Schedule of Assessments and the Surveyor may modify as justice requires, so I think we can continue to a definite date or you can modify the plan.

After short discussion in regards to what would happen to the old tile there was a motion by Board Member Diener continue the hearing would be continued until the November 4, 2019 at 10:30 a.m. at the Drainage Board Meeting, with a second by Vice President Heimlich.

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


There being no other business before the board, the meeting was adjourned.



____________________ _________________________ ___________________

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