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April 18, 2005 Tape #008

The White County Drainage Board convened at 10:50 A. M., EST, in the Commissioners’ Room of the White County Building, Monticello, Indiana with Board Members Steve Burton, O. D. Ferguson and John C. Heimlich, Attorney George W. Loy, Surveyor Dennis W. Sterrett, Engineer Todd Frauhiger and Secretary Romana Kiser in attendance.

Also attending were Bruce Vogel, Marvin Gwin and Charles Mellon.

Chairman Burton called the meeting to order asking the Board to approve the April 4, 2005 minutes. Board Member Ferguson so moved. Board Member Heimlich seconded the motion. The motion carried unanimously. Secretary Kiser reported she changed 62.4 cents to 62.5 cents in the minutes, a typographical error.

Surveyor Sterrett opened the Maintenance Modification Hearing on the Hinshaw-Burch Tile Drain in Union Township. Surveyor Sterrett pointed out the location on a map saying, “It runs from the ditch to south of CR 200 and it has one branch that goes behind Jack Pherson. The solid tile was installed in 1984 through the woods. Last year Bruce Vogel had water backed up and a large ball of roots was found in one place. Sixty foot of it had to be replaced which cost $2,346.00. The current assessment was $2.00 an acre and it was bringing in $501.00, so if it reached its limit it would only have $2,000.00 in there (maintenance fund) at the four year period. So, the tile is kind of defective, I guess you would call it. It is supposed to be a solid tile and the tile got cracks in it. The roots could’ve got in the joint, too. So, we are thinking we could have more trouble with it and might have to replace some of it so we were going to raise the maintenance per acre on it. Last meeting we temporarily agreed to $5.00 an acre and $10.00 minimum and that would bring in $1,250.00 a year.”

Board Member Ferguson asked who owns the field south of that addition there, south of where Jerry Haymaker used to be. Surveyor Sterrett said, “It is Hinshaw and there is a farm manager and actually they suggested raising the rates on it. Pherson farms it.”

Board Member Heimlich explained to Marvin Gwin that with raising the maintenance to $5.00 per acre, the maximum in the maintenance fund would be $5,000.00 and at that point the assessment would stop. Marvin Gwin said he is not opposed but he thought it was a little high. Surveyor Sterrett explained when the maintenance fund builds up to $5,000.00 if we don’t spend any on repairs or maintenance then you won’t get assessed. Bruce Vogel asked who all feeds into that drain. Surveyor Sterrett answered there are 249.5 benefited acres. He said that Hinshaw has 132 and Mary Pherson has 59 acres so that is the major owners. Bruce Vogel asked if that includes the additional acres they just hooked into it. Surveyor Sterrett thinks it does. He said they (Phersons) took acreage off the Brechbiel Drain and put it into the Hinshaw-Burch Drain.

Marvin Gwin said, “I thought it was a little high but I know the cost has escalated a lot since the time they put the drain in, in 1984. Originally it was set up where we paid $301.00 a year and then I think we are paying $501.00 total a year and evidently it had built up to $2,000.00 and that was wiped out in one thing (repair) last year.” Surveyor Sterrett reviewed the most recent claims.

Chairman Burton stated, “If there is nothing further I will read this Adoption of Maintenance Modification I.C. §36-9-27-42: “The White County Drainage Board having heard and considered all the evidence and any objection submitted in these proceedings, the Chairman would consider a motion finding that the current estimate of maintaining the Hinshaw-Burch Tile Drain is insufficient and that the annual assessments for periodic maintenance of said drain should be increased as proposed in these proceedings ($5.00 per acre and $10.00 minimum)” Board Member Heimlich so moved. Board Member Ferguson seconded. Vote taken. “The White County Drainage Board by a vote of 3 in favor and 0 opposed now hereby adopts the schedule of assessments as originally filed herein. The White County Drainage Board issues its written findings and order declaring the proposed Maintenance Modification schedule in these proceedings established, a copy of which will be mailed to all owners affected.” The maintenance modification documents were signed by the Board Members.

Engineer Todd Frauhiger presented drainage reviews. Engineer Frauhiger reported, “We will start with Poncie’s Water Sports. Denny and I have been to both of these sites and looked at both sites. Here is an aerial view Denny printed out. Sixth Street and Gordon Road, here’s the City’s water tower and Poncie’s Water Sports will be located just to the west of the City’s water tower.” Board Member Ferguson said this land is what Rick Roach just had rezoned. Todd stated, “The only question we had, and I think I have satisfied myself now, there is an existing eighteen inch private tile that goes across the back of that property with a riser and their drainage pattern is to basically allow the water to flow off of their asphalt and parking area. The parking area, right now they have grass, and I talked to the designer and they are going to keep it grass. Basically, it is going to flow overland to a low area on the property where currently it ponds. The outlet to that will be a riser that drops into an 18 inch tile and their calculations, we re-did a couple of them but at this particular point I don’t see any problem with allowing it and I recommend approval on it.” Board Member Ferguson asked if it goes to Buss Ditch. Todd said they are sure it does but he has not actually eyeballed the outlet yet but it is the only logical place, there is no other place it could go. Surveyor Sterrett said he has not looked at the outlet either. Chairman Burton said, “That is an existing private tile.” Engineer Frauhiger said, “That is correct. And the reason you guys (The Board) would have jurisdiction is even though it is a private tile; it ends up in your regulated drain. You can see the wet area on this aerial and that corresponds to the area where the water currently ponds.” Board Member Ferguson stated he was out there and looked at it when they were talking about rezoning and there was a wet hole then. Engineer Frauhiger stated, “Water is going to continue to pond there, nothing will change. I did some quick TR20 runs on it and I don’t think it is going to get off the site. The fact that it is going from an agriculture field to mostly grass does help some.” Charlie Mellon thought it was closer to Snow Ditch than Buss Ditch. He thought water would get into Snow Ditch first. Engineer Frauhiger said that the Designer, Surveyor Milligan, also thinks it goes to Buss Ditch.

Chairman Burton said, “If at a later date he changes even this back part here he will have to come back.” Engineer Frauhiger said that is correct. He said, “You made an excellent point. I have mentioned to them that if they decided to make this parking lot which is currently grass, if they decide to gravel it or asphalt it, they do have to come back and talk to you.”

Board Member Heimlich made a motion to approve the drainage plan for Poncie’s Water Sports in Union Township. Board Member Ferguson seconded the motion. The motion carried unanimously.

Engineer Frauhiger presented plans for Twin Lakes Regional Sewer District to construct a waste water treatment plant near the Dittman-Lods Drain east of Monticello on US 24 about a mile east of SR 39. Surveyor Sterrett said that ditch comes down and goes east, and right in next to the railroad tracks is where the site is, on the east side of the ditch.

Engineer Frauhiger explained, “There is an undersized culvert underneath the railroad that is sufficient for about a two year storm from the drainage area. Any time you get above the two year storm it floods a significant portion of land upstream of the railroad track, including the waste water treatment plant. The drainage area is less than a mile square so you don’t have to get a DNR permit for construction so close to the ditch. So, what they did have to do is they had to berm the existing site so that what will happen is anything above a two year storm, anything outside of this berm will flood on their site. They understand that and they know that, but they asked us to be relieved from detention requirements because they said there is no way they could do detention because it all floods anyway because of the undersized railroad culvert. Denny and I went out and looked at the site. We called on cell phone and talked to the design engineer that day and he actually came to my office and sat down and went over it again. Their basic intention is they really can’t detain water on the site since the culvert already is basically the outlet to the detention pond and their entire site is a detention pond. They make a very valid point. I told them we would bring it to the Drainage Board today and I recommend approval as a master drainage plan. When they get ready to do this future expansion they are going to have the same issue. They will tie into the berm here and then take the berm around the future expansion but the rest of the site will all be below the flood elevation and it will flood in the future also. The long and short of it is, I think we are ready to approve it as a master drainage plan. They really don’t have any way to meet the detention requirements. I’m not sure what they would have to do, build an elevated tank and pump water up to it. They are below the flood elevation. There is no way they could detain any additional water on site. If they built their own pond, what happens, as soon as they get the two year storm, the whole site floods. So, the pond floods too. They could put a pond somewhere back along the ditch but their water would never get into it. The ditch water would flood it before their water got a chance to get there. A lot of waste water treatment plants are like this. Lafayette’s waste water treatment plant along the Wabash is the same way. Their entire site floods and they protected the plant with a berm that goes all the way around the plant. When the Wabash comes out of its banks everything else floods but the plant stays dry, and that is exactly what is going to happen here. You will basically see an island out there in a flood situation. The waste water treatment plant will be dry with a berm all the way around it protecting it and everything else will be under water.”

Board Member Heimlich made a motion to approve the drainage plan for the Twin Lakes Regional Sewer District. Board Member Ferguson seconded the motion. The motion carried unanimously.

Engineer Frauhiger reviewed, “If you remember, we were here in January. The City has a sanitary sewer that ends at this manhole here (indicated on drawing) just east of Buss Ditch. So US 24 would be out here. This is a private branch of Buss Ditch, it is not regulated, it goes behind the lumber store and back to the Ford Dealership. This area was annexed in by the City and now the City is responsible for getting the sanitary sewer facilities to the people they annexed and the Ford Dealership, the lumber company and ……and Dobson Ford is where we terminate. I just wanted to show it to you in January. Denny has gone out and actually confirmed everything for us. We couldn’t find for sure what the regulated flow line of Buss Ditch was. Denny went out in late January and re-established it and it turns out that it is fairly close to what is shown on the plans. But, at this point where we tie into the existing manhole and come into the Buss Ditch, the sewer is going to be concrete encased and from the bottom of the regulated flow line to the top of the concrete encasement is about a foot. From the bottom of the ditch to the top of the pipe is about eighteen inches. So, basically you will have concrete encasement and then you’ll have a foot of stone on top of the concrete encasement. Then where the ditch banks were cut there will be filter fabric and rip rap put back in to protect the ditch banks also, where it is cut through. So there shouldn’t be any impact there. We were concerned before to make sure that the flow line was at least as high as it is shown, and it is. Then it crosses to the west side of the ditch. It runs north along the west side of Buss Ditch, crosses the private pond, that one is a little closer, between the concrete and the private there’s going to be about six to eight inches so you’ll have your concrete encasement around the pipe, six to eight inches of rip rap and then the same thing will happen here at that private ditch. It will be repaired with rip rap and filter fabric al the way up and down the ditch to protect it where it is cut through. Once it gets north of the private ditch it will turn and continue on west, cross the ditch here, continue on west and terminates down here at the Ford Dealership. Dye Lumber and the Ford Dealership will be tied on to it at that point.”

Surveyor Sterrett asked if Soil and Water Conservation will be able to get up to it. Engineer Frauhiger said, “Yes, as a matter of fact there is their lateral right there.” Surveyor Sterrett said they can do away with their raised mound. Engineer Frauhiger said, “I guess what we need from the Drainage Board is, all this will be built on easement. Each property owner agreed to donate the land that is required to construct and maintain the sanitary sewer, there shouldn’t be any maintenance, but basically to construct. It will be on permanent easement. But, the point from here to here and across the ditch , even though it is on permanent easement from the property owner, it is also encroaching on the seventy-five foot regulated drain easement. So, the City would like to request a Consent to Encroach on the drainage easement, but also knowing they have secured easement from the property owners to actually have the sewer installed there. There won’t be any impact, notice the dashed areas over here that is the temporary construction easement so all the construction activities will be away from the ditch. The sewer between the construction easement is about a twenty foot permanent easement and it will be about twenty feet away from the top of the bank. There will be no impact to maintain the ditch. The pipe will be fourteen feet deep and below the bottom of the ditch. It is running parallel to it, but it will be below the ditch.”

Board Member Heimlich made the motion to grant Consent to Encroach to the City of Monticello on Buss Ditch. Board Member Ferguson seconded the motion. The motion carried unanimously.

Engineer Frauhiger added, “What we do on any of these projects, we make the contractor perform a video tape of this site before they start and then after they are done they have to show that the site has been restored to what the video tape showed previous.”

Surveyor Sterrett opened discussion on the Andrew P. Brown Tile and asked Secretary Kiser to report findings since our last meeting. Secretary Kiser explained, “We thought we didn’t have proof that our Auditor had been notified (of a rate increase from fifty cents to one dollar per acre, as discussed at our last meeting). In talking with Tippecanoe County Drainage Board Secretary back and forth, she told me a couple of things to look for and sure enough there was an assessment roll with Howard Hill’s auditor stamp on it from 1971. The minutes that she thought were 1985 were 1971. So, we have no idea (how this happened). Our (deputy) auditor, Julie (McKenzie) can’t go back and look that far back. She wouldn’t have the papers anymore back that far. We wondered if they EVER charged them a dollar and apparently not because I pulled up a 1994 assessment roll and it was fifty cents. We have no idea why our Auditor never collected a dollar per acre after he stamped it.”

Surveyor Sterrett said the only thing he could think of was when they received the notice from Tippecanoe County in July so a half year was gone so we sent a half year’s assessment and then the next Auditor picked it up the next year and stuck with that fifty cents. Secretary Kiser said, “They had an adding machine tape stapled on that showed how much Tippecanoe County should pay and how much White County should pay and we just kept on paying half of that assessment. And, Tippecanoe County is at fault because they didn’t catch it. I don’t think they expect us to catch up on that back pay or anything, but they don’t like the fact that we pay less.”

Board Member Heimlich said since we have the stamped documentation he thinks we have the right to raise the maintenance from fifty cents to one dollar and twenty-five cents. Attorney Loy asked if we opted out. Secretary Kiser said yes, we waived our rights (to a joint board) in 1971 before they had the hearing. Attorney Loy said, “So it is currently fifty cents, but our White County people SHOULD be paying one dollar.” Secretary Kiser said the landowners knew about the raise because they have copies of remonstrance letters from the hearing. Board Member Heimlich said, “I think we should raise it to one dollar and twenty-five cents, but, normally when it is raised that much we have a hearing to explain what is going on. I wonder if we shouldn’t do that with our landowners. It is Tippecanoe County that collects on it.” Surveyor Sterrett said it hasn’t been collected on for several years. Secretary Kiser said that is right, they are not collecting on it in 2005.

Attorney Loy said he thought it was a good idea to have an informal landowners meeting to explain to everybody why their assessments would be raised to a dollar and twenty-five cents per acre on the Andrew P. Brown Drain. He asked how many White County landowners there are. Surveyor Sterrett said there are fifteen parcels and probably about that many landowners. Attorney Loy said to call a landowners’ meeting. Board Member Heimlich stated we should send letters with full explanation of the situation so that if they don’t attend at least they know that there is going to be that assessment.

Surveyor Sterrett stated, “Last meeting we tabled the fees for drainage review on the Twin Lakes Regional Sewer District that we just approved today. (Board Member Heimlich asked what we found out in the meantime.) On the Idaville Waste Water Treatment Plant there was no fee. The one that they added on to out at Lowe’s Bridge, there was a review on that and we required a fee. There is $760 remaining in the fund on that one out of $2,000.00. The Snow Ditch one……. (Secretary Kiser stated that one was a waiver.)……..that was in 2001 and it said ‘We will not be enforcing the White County Drainage Ordinance for Twin Lakes Sewer District’.” Engineer Frauhiger said, “Denny asked my opinion on this and I called the Hancock County Surveyor David Small and asked what they do. He said on governmental agencies they pay the charges out of engineering fees.”

Board Member Heimlich made a motion that the fees for the review of drainage plans for the Twin Lakes Regional Sewer District be waived. Board Member Ferguson seconded the motion. The motion carried unanimously.

Chairman Burton adjourned the meeting.