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March 20, 2006 Tape #006

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. “Bud” Ferguson and John C. Heimlich, Attorney George W. Loy, Engineer L. Todd Frauhiger and Secretary Romana Kiser in attendance.

Also attending were Stephen H. Sublette, Terry Beasy and Charles Mellon.

Chairman Burton called the meeting to order and asked for the approval of minutes of the March 6, 2006 meeting. Board Member Ferguson moved to accept the minutes and Board Member Heimlich seconded the motion. Minutes approved.

Chairman Burton called the Reconstruction Hearing on Excel Co-op’s project on the K. Kleyla Drain, a Branch of the Esther Fraser Drain to order. Steve Sublette came forward to represent Excel Co-op.

Engineer Todd Frauhiger stated, “These plans have gone through a couple of revisions and I have not had a chance to take a look at them. Basically, for two new storage bins, the existing open ditch has to be relocated. The original thought was to enclose it in a pipe and looking at it a little bit closer, it was decided to go with the combination of an open ditch with a drive crossing. The original open ditch plan was a rip-rap ditch that basically went two foot up the sides, through the bottom of the ditch and then two foot up the other bank. Because of the velocity of the ditch we are concerned about being able to keep the ditch clean with a rip-rap bottom, and being able to change the elevation slightly. There was another plan developed which included a paved side ditch as the ditch flow line, with rip-rap around the paved side ditch. I talked to Brad Stockment Wednesday or Thursday and there were some concerns from some of the local contractors, rightfully so, about the maintenance and installation of this paved ditch. So at Brad’s request, I had a meeting at the Federal Building downtown Indianapolis with the Army Corp of Engineers and told them the situation, went over the calculations with them. They suggested and I concurred with a new system to line this ditch and stabilize it to a slope. I got in contact with Paul Couts (C & S Engineering) and late Friday afternoon after Paul went over information I faxed him, Paul submitted a revised ditch section which you will see mirrors the Army Corp of Engineers suggestion. Which, will basically be three to one side slopes, approximately two to three feet up the side slopes with rip-rap, and then the rip-rap will be keyed in. The bottom of the ditch is going to remain earth so that if we do get sedimentation in it and we ever have to clean it we will be able to clean between the rip-rap.”

Board Member Ferguson asked, “It is five feet across?” Engineer Frauhiger said, “Yes, five foot bottom. The five foot bottom ditch with three to one side slopes provides three times the hundred year flow. So it is actually a little bit bigger than we needed, but we couldn’t get it any smaller since we wanted a minimum of five foot between the rip-rap keyway at the bottom. So that is the new plan.” Board Member Heimlich said, “So the increased capacity of the ditch is going to act as retention. The pipe under the railroad is what, a thirty inch?” Todd answered it is a forty-eight inch pipe. Board Member Ferguson asked, “The pipe under the railroad is low enough?” Todd said yes, it matches up with the existing pipe. Chairman Burton asked, “Will this under the County road over here be relocated or does it currently exist at that angle?” Engineer Frauhiger answered, “It currently exists at that angle and it will stay the way it is.” Chairman Burton said, “At one time there were four (pipes) and now there are two?” Engineer Frauhiger explained, “Yes, we went back and redid the calculations each way and found out that for the hundred year flow twin pipes were sufficient to catch the flow and not overtop that driveway.”

Engineer Frauhiger stated it is his recommendation that we move ahead with the rip-rap ditch, earthen bottom, twin twenty-four inch pipes under the driveway. He said that one other item they are requesting, too, is a reduction in easement, and he doesn’t have any problem with it, from seventy-five feet down to thirty feet from top of bank.

Board Member Heimlich asked if notice was sent to everyone on the Kleyla Ditch. Secretary Kiser answered yes. Board Member Heimlich asked if we got any written complaints. Secretary Kiser said the Surveyor’s office just had a couple of calls from curious landowners, and the Monsignor from St. Joseph’s Catholic Church was in to look at the plans and when he saw that the work was being done on the east side of the railroad tracks on Excel Co-op’s property, he was no longer concerned since the church’s land comes to a point on the west side of the tracks. Secretary Kiser showed the letter requesting the easement reduction. Attorney Loy said we will need a Consent to Encroach and he will prepare that. He said he will need a deed. Steve Sublette stated that was just strictly for the next building project. He said they are going to change their driveway and that is what that span is for. Chairman Burton asked for any further discussion.

Chairman Burton read the ADOPTION OF RECONSTRUCTION PROJECT I.C.36-9-27-52 “There being no further evidence to be submitted in these proceedings, the Chairman would now consider a motion to determine that the costs, damages, and expenses of the proposed reconstruction will be less than the benefits accruing to the owners of the lands benefited by the Reconstruction: Board Member Heimlich so moved. Board Member Ferguson seconded. “Upon a motion duly made and seconded, and after having considered all of the evidence and any objections concerning the proposed reconstruction, those members of the White County Drainage Board in favor of the motion that the costs, damages, and expenses of the proposed reconstruction will be less than the benefits accruing to the owners of the land benefited by the reconstruction please answer by saying “aye,’’ those opposed “nay.” The motion passes by a vote of 3 in favor and 0 opposed. The White County Drainage Board therefore adopts the reconstruction report of the White County Surveyor and the Schedule of Assessments, including any annual assessments for periodic maintenance. The White County Drainage Board now issues its written Findings and Order declaring the proposed reconstruction of the Kenneth Kleyla Drain (a branch of the Esther Fraser Drain) established. Meeting Adjourned.

Attorney Loy stated that he will need a copy of the deed to the property for the Consent to Encroach and he will need to know who the President of Excel Co-op is.

Board Member Heimlich made a motion that we grant the Consent to Encroach to Excel Co-op down to thirty feet to build grain bins. Chairman Burton asked if the Encroachment would be just for the bins, or does it effect the bins at this moment. Steve Sublette stated, “No, it is for future building. The bins we put up now will not encroach.” Attorney Loy said to wait and do the encroachment at that time, so no vote was taken at this time.

Board Member Heimlich reported on Indian Creek Joint Board stating, “At our last Indian Creek Joint Board meeting we did hire an engineering firm. It looks like the cost is going to be around thirty thousand dollars. It was suggested that they split that among the counties. White, Cass, Pulaski and Fulton. So in other words White County’s would be based on the acreage they have assessed. That would be taken out of our General Drain Improvement Fund. Each county would do that. I guess we need some sort of resolution to authorize that. Cass County is the Surveyor of Record on this. Everything will come through their office. I would make that motion that we take our portion of that out of General Drain Improvement.” Board Member Ferguson seconded the motion. The motion carried unanimously. Board Member Heimlich stated, “We will be meeting with the engineer and they will be discussing the method of assessing.”

Engineer Frauhiger presented drainage plans for Liberty Swine 1 and II that were submitted by Tracie Dahlenburg. The property owners are Amy Dahlenburg and Kathryn Sherrick. The site is at CR 800 E between CR 600 & 700 N. Secretary Kiser said, “It is ONE project. For some reason they paid separately and called it Liberty Swine I and II.” Engineer Frauhiger said, “Denny and I had a chance to go out Friday and look at the site. Basically what they are going to do is berm around the entire construction site with one opening in the berm as emergency overflow. The area where the drive comes in, the ground elevation is all higher than the emergency overflow which they are setting at 99.25 – the building pads are 100.25 so the building pads will be about a foot above the emergency overflow elevation. They HAD proposed a storm sewer system to collect the water with a fifteen inch outlet tile out to the open ditch and we received a phone call from Tracie Dahlenburg on Friday and she wanted to know if there was any way they could reduce the fifteen inch down to a ten or a twelve inch (tile). I went back to the office and reviewed the calculations and, the Dahlenburgs own the property from the area where the buildings will be built all the way to the ditch. I called Tracie back and explained to her that if they did want to reduce that pipe to say a ten or a twelve inch basically what would happen is this overflow might become active more often and they might have overland flow going through their field down to the ditch. There is fall from the overflow all the way down to the ditch. She didn’t have a problem with that and late on Friday afternoon we received something from Paul Couts that says, “On behalf of our clients, Kirk and Tracie Dahlenburg we would like to request that they have the option to change the outlet pipe from a fifteen inch to a ten or a twelve inch pipe. It is a reasonable request. The only land that would become flooded from an excessive rain would be their own land. Which I concur with.”

Chairman Burton asked how much rain it would take before they actually started to use the detention area. Engineer Frauhiger stated, “It will go above a fifty year storm before you’d will ever see water coming over that even with a twelve inch pipe.” Chairman Burton asked what a fifty year storm would be in inches. Engineer Frauhiger said, “On average once every fifty years it is right around four inches in twenty-four hours. So, at this particular point I guess I am ready to recommend approval with the stipulation of Paul’s request that they be able to put a ten or a twelve inch pipe in, if they decide to, when they build it.”

Board Member Heimlich made a motion that the drainage plan for LIBERTY SWINE I AND II be approved with the stipulation that they be able to put a ten or a twelve inch pipe in instead of the fifteen inch pipe that is in the plan, if they decide to, when they build. Board Member Ferguson seconded the motion. Motion carried unanimously.

Secretary Kiser reported that Roger Wiese is ready to put in the farm crossing that has been discussed at Drainage Board meetings. He is going to order the pipe and have it billed to the Surveyor’s office and the work will be done through the drain maintenance and reimbursed by Roger Wiese as authorized. Surveyor Sterrett will set the grade on it for them. He said that they might have to take a foot out of the ditch.

Secretary Kiser reported a letter from Jasper County Surveyor asking the White County Drainage Board to waive rights on spraying three shared ditches, the Francis Fleet-Lakin Ditch, the Marion Bice Ditch and the Parks-May Ditch. Jasper County is in charge of maintenance on those three ditches. Discussion followed – see tape.

Board Member Heimlich made a motion to waive White County’s rights to Jasper County on the Jasper/White County Joint Board for the maintenance spraying of the Francis Fleet-Lakin Ditch, the Marion Bice Ditch and the Parks-May Ditch. Board Member Ferguson seconded the motion. The motion carried unanimously.

The Letting of Bids on the Hall Extension Reconstruction project being headed up by Benton County will be held tomorrow March 21, 2006 at 10:00 A.M. in the Benton County Courthouse. Chairman Burton said he is planning on attending the meeting as requested by the Benton County Surveyor.

Board Member Heimlich reported that Pulaski County Surveyor Joyce Weaver called to alert us that concerning the Big Monon Ditch project there was some brush that floated downstream after the rain a week or so ago when the Monon came up. He said, “I think it was mainly on one contractor that had a bunch of trees cut but didn’t get them out of the ditch. There were some pretty good sized logs. The last I knew they were hung up there at The Sandbar (Sandbar restaurant area).” Secretary Kiser reported that Surveyor Sterrett had gone out to the site. Board Member Heimlich stated, “We had a meeting Thursday night and Joe Roach from SFLECC was up there to see what we were going to do about it. Joyce had already tried to contact Steve Stearns to go out and clean that up. I guess there were some about twenty foot long. Kendall Culp and I at that meeting were trying to say that we needed to come back on the contractor. The feeling of some of the others was that you couldn’t prove who did it because there were two contractors upstream. The guy downstream has been great to work with all along. They were to have traps in, basically a cable across to catch trash if it comes down. He had his in and when the ditch started coming up, there was some smaller brush, which is bound to come down, having been just cut, and it was catching up on his cable and he was actually dipping it out when it came down. Then, he said all of a sudden here were a bunch of these big logs came down and took his cable out. He called Joyce (Surveyor Weaver) and called down here to tell us to expect incoming (calls/complaints).”

Engineer Frauhiger reported on the John Unroe Drain. Engineer Frauhiger stated, “Last Thursday Denny came to Indianapolis and we met with INDOT. They are going to re-do Hwy. 231/24 through Wolcott and if you remember, there’s the Unroe Tile there that we have a maintenance project there that we are holding up on, waiting to see what INDOT was going to do. It is going to get complicated, do you remember the road bends at the south end of town and goes north through town and there’s another bend. Well, basically all the water from both of those bends are going to be draining, from the north and from the south, into the Unroe Tile. That’s the only tile deep enough they can get into. INDOT did re-agree to pay for the portion of the tile underneath their right-of-way, which includes two structures and replacing the tile under the highway. In addition, I pushed them and I think we are going to get them to agree to pay for quite a reconstruction project downstream and upsizing that tile all the way to the outlet so they can get their water into it. They are in the process of doing calculations. I have a follow-up meeting with them on Wednesday to go over their calculations and start talking about what size tile we are going to need downstream and where they plan to dump in to it. It was a good meeting. It lasted about two hours. We reviewed all the videotaping we had done a couple of years ago. So they’ve seen the video tape and actually seen the tile is collapsed in places.” For discussion on route of tile see tape. Engineer Frauhiger stated the open ditch isn’t deep enough to get into. Engineer Frauhiger said we will know more in two weeks after he meets with their hydraulic people.

Chairman Burton adjourned the meeting.