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January 16, 2006 Tape #002

The White County Drainage Board convened at 10:45 A.M., EST in the Commissioners’ Room of the White County Building, Monticello, Indiana with Board Members Steven Burton, O. D. Ferguson and John C. Heimlich, Attorney George W. Loy, Surveyor Dennis W. Sterrett and First Drainage Assistant Mary E. Sterrett in attendance. Also attending were Don Pauken, Bill Pyle and Charlie Mellon.

Chairman Burton called the meeting to order. Board Member Heimlich made the motion to accept the January 3, 2006 meeting minutes as presented. Board Member Ferguson seconded the motion. The motion carried unanimously.

Surveyor Sterrett presented a report of monies spent on maintenance jobs in 2005 (See sheet attached to hard copy): $149,577.22 came out of maintenance funds. $10,897.38 came out of maintenance repay. The spray quote was $17,162.61 on 30 projects. We had eleven maintenance bid projects that were $31,835.75 total. Surveyor Sterrett said, “Most of them are done. Ezra got the spoil leveled on the McKillip Br.1 last week.” Chairman Burton asked if work has begun on the J. P. Carr reconstruction. Surveyor Sterrett reported, “I was down there Friday and he has his excavator there and he has some brush cut. Ezra probably has three-fourths of the F. G. Church Ditch dipped already. The brush is all cut off and it’s gone, already burnt and buried.”

Item 3 on the agenda was to discuss Rangeline Properties/ Indiana Waste Systems/Jeff Van Weelden (additional) fees owed for drainage review. Surveyor Sterrett stated, “They still owe a drainage review fee and they know they do because it was brought up at the Area Plan meeting the other night.” Chairman Burton asked if they have paid any of it. Surveyor Sterrett said, “They submitted a $2,000.00 fee and it went over. We have sent them a statement for $1,487.50 on October 13, 2005 and then we got another bill from CTE for $620.00 so we sent them a reminder on that in November.” Board Member Heimlich asked, “So they owe a little over $2,000.00?” Surveyor Sterrett answered yes. Attorney Loy stated, “That is also a condition of my Consent to Encroach which I have drafted.” Surveyor Sterrett said, “We haven’t issued the Drainage Permit yet so I’d say we hold that.” Attorney Loy said yes. Surveyor Sterrett asked if we need to send them another letter. Attorney Loy said yes and send a copy to Attorney Dow Dellinger, too.

Surveyor Sterrett reviewed, “I think John and Bud will remember Monty Moss coming in and wanting to put a tile in a ditch so that his irrigation could go over it because he irrigates the lagoon with water. He submitted a petition for reconstruction of Branch 9 of the J. L. Ackerman. So you will know what the petition is about, he submitted a drainage plan and Todd (Engineer Frauhiger) is reviewing it right now. He gave us two copies of the plan. (Surveyor at this point reviewed the drawing of location of the site.) This is CR 1200 East. This is the open ditch. This is the end of his property. He plans on putting a thirty-six pipe in here. We aren’t here to review it today; we are just showing you what the petition is about. And it ends up over here dumping into the main Ackerman about a quarter of a mile from there. He has an irrigation system. I guess I need to make sure we are doing this right with George. He said it is all at his cost. He is reconstructing an open ditch, putting a tile in and closing the ditch with a tile. This is an open ditch, Ackerman Branch 9 regulated ditch.” Board Member Heimlich asked how many landowners are on the ditch. Surveyor Sterrett said it is being paid by the Ackerman so there is a lot of them on it. Board Member Heimlich asked if everyone on the Ackerman Drain is going to be notified on the hearing. Surveyor Sterrett said that is the way we did the tile for Bixler Hog Operation. Board Member Heimlich asked, “How many are actually affected by doing this?” Surveyor Sterrett answered, “One or two owners over here. This (indicated on drawing) is going downstream. So actually the only ones that will be affected are Malchow. (Attorney Loy said, “And he wants to do it all at his cost. And that is ok with us.”) That’s what I said. I have the petition from him to reconstruct. We sent him an assessment roll and his engineer is preparing letters to landowners.” Attorney Loy said, “For a reconstruction hearing.” See tape for more discussion on location of open ditch. Surveyor Sterrett stated, “They will have to publish notice in the newspaper ten days prior to the hearing the same as we have to, whatever the statute requires.”

Charlie Mellon asked if there had been any opposition to it. Surveyor Sterrett said that is why we are having a hearing, (so landowners can come in and know what is planned). Surveyor Sterrett explained how the hog operation/irrigation system works and how they keep it from overflowing. See tape.

Surveyor Sterrett told Attorney Loy that Monty Moss faxed him the petition. Attorney Loy said he should have the original. Attorney Loy asked, “Is this something that you have determined to be, not just allowable but it’s not going to hurt anybody?” Surveyor Sterrett said, “That’s what our engineer is determining.” Board Member Heimlich said, “The main thing would be that the tile is going to be big enough” See tape for more discussion.

Board Member Heimlich made a motion that we accept the petition from Moss Farms Hog Operation for reconstruction on the J. L.Ackerman Drain Br. 9 to close a portion of the open ditch by tiling it. Board Member Ferguson seconded the motion. The motion carried unanimously.

Surveyor Sterrett stated, “They sent us a set of plans. We have sent their engineer an example of Notice to owners of land affected by reconstruction. We sent them an assessment roll and an example of how we regularly advertise it.” Board Member Heimlich asked, “So how many are on the total roll? It must be pretty big.” Surveyor Sterrett said, “There’s 4,372 acres in the Ackerman watershed. I don’t know how many owners there are.”

Surveyor Sterrett reported, “The landfill (Liberty Landfill) would like to vacate the end of the tile (Downey Drain) that goes into what is now the wetlands. This is a 1951 photograph (aerial). It doesn’t show the landfill. The landfill is mainly in here (indicated on aerial). They have a wetland in here. He has mounded up across this property line. (Board Member Ferguson pointed out CR 900 and SR 16.) It flows west. There is already a created wetland there. He’s telling me this, Mr. Beasy is. So, when the surveyors draw his plan for the landfill, they have to show a seventy-five foot (easement for) regulated drain through this wetland, it’s a regulated tile.” Attorney Loy asked if they know that. Surveyor Sterrett said he didn’t know it until Mr. Beasy told him about it. Chairman Burton said, “Go back to his purpose for doing this.” Surveyor Sterrett explained, “The way I understand it is, when his surveyor draws a map of the landfill, there’s this 150 foot easement for our regulated tile through his wetland. And they’re showing a 150 foot easement for a regulated drain.” Attorney Loy asked if this is in the area where they are expanding, too. Surveyor Sterrett answered, “No. (Attorney Loy studied location of tile on map.) He has told me that he has mounded dirt up here to make a wetland right here. (See tape for discussion on wetland.) It is the end of the regulated drain.” Attorney Loy asked, “Why are they wanting us to abandon it?” Surveyor Sterrett said, “Because it is showing up on all of his maps as being a regulated drain through his wetland.”

Board Member Heimlich said, “You’re not supposed to have a tile through a wetland. I guess it doesn’t affect anybody. What do you have to do to vacate it then?” Attorney Loy said, “You need a hearing, or you can just give him a consent to encroach.” Board Member Heimlich said, “He wants it vacated.” Chairman Burton said, “He wants it to legally not exist.” Attorney Loy said, “It would be a petition to vacate. There has to be a hearing.” Surveyor Sterrett said, “That’s what I told him and it would all be at his expense. And his surveyor is getting a legal description for that part that he wants to vacate. He is not vacating it all. The name of the drain is the John Downey Drain. It is being assessed for maintenance.” Attorney Loy asked if it is broken down. Surveyor Sterrett said he has blocked it off. Attorney Loy asked, “Some time ago? And this has just come to light?” Surveyor Sterrett answered yes. Attorney Loy said, “Get a petition to vacate all at his expense.”

Surveyor Sterrett reported that the trees planted on the C. W. Brackney Tile Drain on the former Bushong property in Prairie Township have been removed by the new owner of the property, Matt Sutter.

Chairman Burton asked if Surveyor Sterrett has heard from Mrs. Jewell on the Henry Stewart Drain situation. Surveyor Sterrett reported, “No, Mrs. Blissett sent us her signed letter on that and she had a note there saying that we never said anything about fixing the tile. That’s not a problem, if there is a tile hole out there we will fix it. I didn’t notice anything when I looked at it. I haven’t heard from Mrs. Jewell or the owner of the next tract. We sent the contract buyer a letter and also the owner. (For discussion on where owner lives see tape.) Mrs. Blissett works but I thought maybe I’d get a hold of her and she could pump some people up down there.”

Chairman Burton reviewed, “(South of Brookston) Just north of the old bulk plant we have a regulated tile that dumps into an unregulated little ditch that we are trying to clean out and one of the owners is kind of balking at it. I thought your suggestion originally would be to………..” Attorney Loy said, “Yes, that would be a reconstruction by assuming jurisdiction over that part.” Chairman Burton asked, “But is there a process to where, since it is not regulated, we can obtain that as a regulated drain?” Attorney Loy answered, “Yes, as a part of that regulated drain that dumps into it, sure.” Chairman Burton said, “And then those people would be paying maintenance. So that might be a recourse later on if it doesn’t move forward would you think? Might we mention to them – soon?” Surveyor Sterrett agreed.

Chairman Burton adjourned the meeting.