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May 2, 2005 Tape #009

The White County Drainage Board convened at 10:30 A.M., EST in the Commissioners’ Room of the White County Building in Monticello, Indiana with Board Members Steven Burton, O. D. Ferguson and John C. Heimlich, Attorney George W. Loy, Surveyor Dennis W. Sterrett and Secretary Romana Kiser in attendance.

Also attending were Charles Mellon, Bill Pyle and Don Pauken.

Chairman Burton called the meeting to order and asked for the approval of April 18th minutes. Board Member Ferguson made a motion to approve the minutes of the April 18, 2005 meeting. Board Member Heimlich seconded the motion. The motion carried unanimously.

Chairman Burton opened the announced meeting of the landowners on the Andrew P. Brown Drain being held at this time to answer any questions the landowners may have about the increase in drainage assessments. No one was present to address the issue. Chairman Burton said to review the issue refer to page 4 of the minutes of the April 18, 2005 meeting.

Secretary Kiser reported that our Auditor asked for a Drainage Change form to file with other documentation on the rate increase. Board Member Heimlich asked what Tippecanoe County’s reaction is to this. Secretary Kiser answered that we have not heard a word from the Surveyor. Board Member Heimlich said the assessment now goes to a dollar and twenty-five cents.

Chairman Burton said, “In your communication with them, they are ok with what we are doing, they aren’t going to collect any back money? (Secretary Kiser said the Tippecanoe County Surveyor hasn’t said one word about it.) And we agree that we are going to raise it and they will from this point on receive that, correct?” Surveyor Sterrett stated, “We sent him a letter, the Surveyor of Tippecanoe County, telling him what we discussed at our last meeting, that we couldn’t raise it without a landowners’ meeting. We never heard anything from him, did we?” Secretary Kiser answered “No”. Chairman Burton said, “Then I will assume if we don’t hear anything from him, that’s old business.”

Surveyor Sterrett said, “We also sent the landowners letters on April 19, 2005 and told them what we were doing. Board Member Heimlich asked how many landowners there were in White County. Surveyor Sterrett answered there are fifteen parcels and ten different landowners. Chairman Burton asked if we needed a vote or did we already take care of it in a previous meeting. Attorney Loy said he thinks we did. Board Member Heimlich stated, “We agreed to the automatic twenty-five percent increase, we just were not clear on twenty-five percent of what. But, we already had a motion to do that.”

Surveyor Sterrett reported on the Brookston Sewage Treatment Plant expansion. He showed plans and stated, “Brookston is adding a small addition on to the existing Sewage Treatment Plant. This building which is 30 by 44, some asphalt and a holding oxidation ditch. It is under 10,000 square feet on the building and asphalt, so I just thought I would bring it to the Board’s attention that’s what they are doing. I didn’t see a problem with it. I didn’t ask for any review.” Chairman Burton asked if this is where they are having the soil boring problem? Attorney Loy said yes. Surveyor Sterrett said “It came to 4,500 square feet and this was just for the Board’s information. I told their engineer to request a waiver but he never got a letter in here. I don’t see a problem with it.”

Surveyor Sterrett reported, “I have a similar one at the Fairgrounds. Actually Area Plan asked if they needed any drainage plan. I said no. They are adding restrooms here. (Plans displayed) It is 36 by 34. It is way under the 10,000 square feet but I thought I would show you what they are doing.”

Surveyor Sterrett showed plans from Bill Reiff and Brad Smock to construct a Hog Confinement Facility (Sandhill Pork LLC). Surveyor Sterrett said, “I would like to know which direction we should go on this hog building. Mr. Burton and I went out and looked at it. It is on top of a hill.” Chairman Burton pointed out where the building would go and stated it is approximately 300 and some feet just north of this ditch. He stated that in the last year or two years you have done a lot of County tile repair out there.

Surveyor Sterrett asked, “Do we need a drainage plan or, he owns all the way around it.” Chairman Burton asked who built the hog buildings just north of there. It was Dahlenburg. Chairman Burton said, “And the difference would be the adjacent landowners. Whether he owned the adjacent ground or whether…..” Board Member Heimlich said, “You mean as far as whether they needed a drainage plan? Did Dahlenburgs have one?” Surveyor Sterrett answered yes, he had one. (The site plan was studied.) Board Member Heimlich asked how big the building is. Surveyor Sterrett answered 480 something by ………pretty good sized. Board Member Heimlich said he is going to be over the square footage, the question is whether he affects anybody else, the proximity to that ditch. Chairman Burton said what he has in his favor is it is on a sand hill and I would estimate there is higher elevation towards the ditch and the water will go north toward low ground and the sand hill to the south will kind of seal the ditch. Attorney Loy said the County right-of-way is seventy-five feet on either side of the ditch. Surveyor Sterrett said he got online and looked up the requirements for IDEM and their requirement is 300 feet from the ditch. Chairman Burton said, “I think what you are saying is that there is that potential and Denny came up with that number and they are eighty feet over that approximately. Surveyor Sterrett said he was informed by other farmers that they are not supposed to have any detention receptacles within one hundred feet of their hog building.

Board Member Heimlich asked if we have building plans. Surveyor Sterrett said no, it’s been approved by the State. Board Member Heimlich asked how far it is from the Roller property. Surveyor said a quarter of a mile. The site is north of Burnettsville. Board Member Heimlich asked what ditch is near. It is the Houston Ditch.

Board Member Heimlich asked how much of that water would go directly to the ditch. Chairman Burton said, “It would have to be real severe, unless, if they physically changed the sand hills. Right now the building is enough lower that whole bottom section would have to be flooded before it would try to go.” Surveyor Sterrett said it essentially goes north, away from the ditch. There is a drainage divide, a sand hill. Chairman Burton said it wouldn’t take much sand movement to knock that down but it wouldn’t be to their advantage to do that, to make it drain toward the ditch. Surveyor Sterrett said most of the water is going north. Board Member Heimlich asked, “Then it goes where?” Surveyor Sterrett said in this tile and then into the Mertz Ditch. Board Member Heimlich asked how big the tile is. Surveyor Sterrett answered it is a twelve inch tile and we just had it repaired.

Board Member Heimlich asked if that tile would handle it without retention or whether the people on that tile would be adversely affected if all that water ran in that tile at once. Surveyor Sterrett said he doesn’t think it will get there very fast, a quarter of a mile. Board Member Heimlich said, “That is what the Drainage Ordinance is designed to prevent.” Surveyor Sterrett stated, “We replaced that tile. Allen Howe did it. He (Reiff) came in here and said he was a major landowner on it. That same year it flooded out again, but now they think the tile is working a little better. They are lower and it can’t get from there to the ditch fast enough so it is ponding on them. The people that are west of there are up higher so I don’t think it is going to cause them any problems.

Board Member Heimlich said “I wouldn’t have any problem with it as long as you say it is not going to go to that ditch and it is not going to get to the tile and cause any problems for the people downstream on that tile. It looks like it would all be on his ground then. Did they ask for a waiver or are they just feeling it out?” Surveyor Sterrett said they had not asked for a waiver. Board Member Heimlich said, “So we haven’t actually seen the plans where they plan to put the building.” Surveyor Sterrett said, “I thought they should have a site plan.” Board Member Heimlich said, “Right, because they could change something.” Surveyor Sterrett said, “They actually have their pit dug but they don’t have their building permit yet. They tried to apply but Area Plan referred them to our office, but they can do as much digging as they want to out there I guess without putting a foundation in. So, we would want a dimension site plan and a request for a waiver. I will give them a call.”

Attorney Loy said, “When you grant that waiver, attach as many conditions as you can think of, should circumstances change you have the right to…..” Board Member Heimlich said the main thing is so that the site plan they present is the same as what they discussed with you. Surveyor Sterrett agreed.

Surveyor Sterrett reported he is going to have the P. L. Bush Ditch cleaned. He stated, “There are three tiles that come into the ditch that are under water. All three are County tiles. The ditch is located where SR 231 bends north of SR 18. It is all on the Leader property and there is a filter strip along one side. The water is over the top of the tiles, so this ditch needs cleaned out. There are approximately 3,500 feet down to US 231. There is enough maintenance money in the fund, there’s $22,000.00 in there, to dip that out. This goes under the Interstate, over behind Dick Sanbloom’s, the tile does. With your approval I will continue. I have the landowner letters to send out and then we’ll get quotes on it.” Chairman Burton brought up that a landowner on that ditch had planted trees on it. Surveyor Sterrett said yes, but he had gotten permission to do that, he got a waiver (actually it was a Consent to Encroach).”

Surveyor Sterrett reported, “It has been brought to my attention on the proposed Transfer Station at Rangeline and Division Road that there is a County Tile running through the property. It is the Diener Tile, which actually starts up here and runs down there into the Diener Ditch west of Rangeline Road. (Plans displayed) Here’s the tile that runs into the open ditch here. We work on this about twice a year west of Rangeline. The Subdivision Plat (Korpita) shows it on Lot 2. This is where I plotted the tile based on the legal description for same. It starts 530 feet east of the intersection and then goes southwest and then back to the Diener Ditch. According to the legal description it does plot through Lot 2.”

Board Member Heimlich asked, “How close is it (tile) to this building here? I assume it is within 75 feet.” Surveyor Sterrett said yes, it is. (The Board studied the drawings.) Surveyor Sterrett got his scale and said that building is probably within five feet, if that tile goes on, it may not go on anymore. The drawing is discussed. Surveyor Sterrett stated, “I haven’t located the tile, this is a drawing that was from the library and brought to my attention. For IDEM, I believe.” Board Member Heimlich said, “But you have a legal description of the tile.” Surveyor Sterrett said, “That’s right, that’s where I plotted it on the Subdivision map.” Board Member Heimlich asked, “And there’s no record of any Consent to Encroach for any of the buildings?” Surveyor Sterrett said he did not find any in the file. Board Member Heimlich showed Attorney Loy the existing buildings, the drain and the proposed building on the site drawing. Attorney Loy asked if the Diener Tile is still in operation and still assessed. Surveyor Sterrett answered yes.

Board Member Heimlich said they have a building permit but haven’t built yet. Mr. Paulken stated that they do have a building permit but it has expired. For the transfer building. Chairman Burton said the building that doesn’t exist but is on the plan. Mr. Paulken said they had a permit for six months but they hadn’t started anything so it has expired. For discussion on ramp and retaining wall see tape. The ramp was discussed, see tape. Board Member Heimlich thought that would have to be part of the building permit. Board Member Heimlich said you would have to check with Area Plan on that and if they had a building permit and it has expired then I guess it couldn’t be built until a new permit was issued and we would have to have a request for Consent to Encroach.

Attorney Loy said to put Area Plan on notice about the existence of that drain. Board Member Heimlich asked how deep the tile is. Surveyor Sterrett said he did not know but he could find out. When the buildings were built was discussed. See tape. Attorney Loy asked Surveyor Sterrett where he found the legal. Surveyor Sterrett said he found it in the drain file. He said that tile wasn’t shown on the original Subdivision plat.

Attorney Loy stated, “We need to pin down the status of the building permit.” Board Member Heimlich said, “The buildings that are already there I don’t know what our options are.” Attorney Loy stated, “They are there.” It was discussed that Area Plan now knows the tile exists so they would refer the person to the Surveyor’s office and Drainage Board to request a Consent to Encroach onto the drain right-of-way. Surveyor Sterrett said maybe we should have every building permit referred to the Surveyor’s office. Attorney Loy said he thought it was, he thought that should be the case. Surveyor Sterrett asked if we need an Ordinance. Attorney Loy stated, “No, just tell them to do it. I honestly thought that all building permits did and that’s how drainage permits came to your attention. That should be done. At least I could, I’ll draw up a directive from the Commissioners and the Drainage Board to Area Plan to see if that is done.” Surveyor Sterrett said, “Just to protect against situations like this.”

Secretary Kiser said, “I think we covered this a couple of years ago and we asked them to, and they pretty much do. We can remind them again.” Surveyor Sterrett said, “In fact, that was referred to me but somehow I missed it. I think it was because the square footage was only about 4,000 square foot so I thought that was under the requirement.” Attorney Loy asked if they have all the drains on GIS. Board Member Heimlich said not yet, but they are in the process of doing it. Surveyor Sterrett stated, “GIS is not going to show exactly where that tile is at, it is just going to show a watershed of what drains into that tile.” Board Member Heimlich asked, “The tile won’t be shown on GIS?” Surveyor Sterrett answered no. Attorney Loy asked if it was too difficult to do? Surveyor Sterrett said probably, yes. He said it would be nice; maybe it is something we can do in-house.

Board Member Heimlich stated, “We need to check with Area Plan on the status of that building permit and then go from there. If it has, indeed, expired then we’re covered. If it hasn’t, I guess we’ll call the Attorney for options.” Attorney Loy asked how title to the land is held. Board Member Heimlich thinks it is Rangeline Properties. Surveyor Sterrett thinks that is correct.

Charlie Mellon asked for a report on the last meeting of the Big Monon Joint Board on April 21. Board Member Heimlich responded that he was not able to attend that meeting. End Tape. Charles Mellon reported on who bid on part of the work. See notes attached to hard copy file.

Chairman Burton adjourned the meeting.