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April 3, 2006 Tape #007

The White County Drainage Board convened at 10:30 P.M., EDT 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, Surveyor Dennis W. Sterrett and Secretary Romana Kiser in attendance.

Also attending were Charles Mellon, Terry Beasy, Sharon Watson, Mike Ezra and Jimmy Derflinger.

Chairman Burton called the meeting to order. Board Member Heimlich made a motion to approve the minutes of the March 20, 2006 meeting. Board Member Ferguson seconded the motion. The motion carried unanimously.

Chairman Burton opened the Bid Letting for the Reconstruction of the Carter-Hines Branch #3 Drain in Cass Township, White County, Indiana. Attorney Loy stated, “The White County Surveyor’s office has solicited quotes for the reconstruction of the Carter-Hines Branch #3 Drain. The time for receiving those has expired and it appears that we have received four. From County Line Tiling/Excavating of Winamac, Howe Excavating, Gutwein Bulldozing and Excavating of Francesville and Derflinger & Son of Medaryville. Is there anybody here who submitted a quote whose name I did not mention? (No response) The quote from County Line Tiling appears to be $7,950.00, Howe Excavating $9,200.00, Gutwein $8,300.00 and Derflinger & Son $9,999.00.” Board Member Heimlich asked what the estimate was. The estimate was $13,000.00. Attorney Loy stated, “I would like for Denny to take a look at them.” Chairman Burton asked if there was any discussion and stated we would take them under advisement.

Contractor Mike Ezra expressed concern about the bid form being confusing as to which part has to be filled out. He said it contradicts itself. Attorney Loy stated he would look into what is being sent out.

Surveyor Sterrett reviewed the bids that were submitted and stated that the low bid of $7,950.00 submitted by County Line Tiling/Excavating was in order.

Board Member Heimlich made a motion to accept the low bid of $7,950.00 submitted by County Line Tiling/Excavating on the Carter-Hines Branch #3 Drain reconstruction project. Board Member Ferguson seconded the motion. The motion carried unanimously.

Chairman Burton opened the Hearing on the Vacation of a portion of the John Downey Branch #2 Drain at the Liberty Landfill in Liberty Township. Surveyor Sterrett stated, “I went up and visited the site last Thursday. Here are pictures. The County Tile starts here, the upper end of it, runs up here a hundred feet and then runs over to the property line. That’s where they want to vacate it. We have a legal description for this part they want to vacate.” Map studied by Board. Chairman Burton asked if there was anybody present that wished to speak for or against it. There was no response. Board Member Heimlich asked if there had been any objections. Chairman Burton asked if there were any calls or letters. Surveyor Sterrett answered, “No.” Surveyor Sterrett stated he has a survey of the site. He said that it (Vacation) was petitioned.

Chairman Burton read VACATION OF REGULATED DRAIN I.C. 36-9-27-37 “There being no further discussion or evidence to be submitted in these proceedings, the Chairman would now consider a motion to vacate A PORTION OF THE JOHN DOWNEY BRANCH #2 DRAIN AT LIBERTY LANDFILL upon the following findings: 1. That notice of intention to vacate was served upon all owners of affected land; 2. That such portion of the drain does not perform the function for which it was designed and constructed, or it has become inadequate to properly drain all affected land under current conditions; 3. The expense of reconstruction outweighs the benefits of reconstruction; and, 4. The Vacation will not be detrimental to the public welfare.” Board Member Ferguson so moved. Board Member Heimlich seconded. “Upon a motion duly made and seconded, and after having considered all of the evidence and any objections concerning the proposed Vacation, those members of the White County Drainage Board in favor of vacating the portion of the John Downey Branch #2 Drain at Liberty Landfill based upon the above findings please answer by saying Yes and those opposed say No. The White County Drainage Board by a vote of 3 in favor to 0 opposed now hereby vacates the PORTION OF THE JOHN DOWNEY TILE DRAIN BRANCH #2 AT THE LIBERTY LANDFILL pursuant to the White County Surveyor’s report. The White County Drainage Board now issues its written Findings and Order. Meeting adjourned.” Surveyor Sterrett stated he would send a drainage change form to the Auditor.

Surveyor Sterrett reported on the Hall Extension Drain reconstruction project that Benton County is in charge of. Surveyor Sterrett stated, “We had a Joint Board meeting with Benton County. Steve Burton was the President. They were reconstructing a drain that drains from White County. It was approved and they sent us, The Surveyor’s office, an assessment roll last year and I thought it was just a copy and I did not turn it in to our Auditor. I thought the Auditor was getting one, too. So, we didn’t collect assessments on the drain. We now have it turned in.” Chairman Burton stated, “I went to the Letting and they selected a contractor to do this. At the meeting I was informed that in Benton County they collect taxes before they do the work, which is not standard operating procedure in White County. So, what they were asking for us to do is to expedite our collected taxes to them as soon as possible because of their normal operating procedure of having the money up front. So I think what we are asking here is if it is possible to take it out of the General Fund, as we would normally do in this case, and then when the taxes are collected they would go back to replace the money in our General Drain Fund. (Attorney Loy answered, “Yes.”) Is there a procedure we need to go through to do that?” Attorney Loy stated, “You should move and approve to do that.”

At this point Charlie Mellon once again raised the question about borrowing from other drains’ funds. For the Board’s explanation that it is not done that way and explanation of the use of the General Drain Improvement Fund for reconstruction and how landowners repay the fund for reconstruction - see tape.

Board Member Heimlich made a motion to pay Benton County for White County’s assessments on the Hall Extension Drain reconstruction project out of the General Drain Improvement fund. Board Member Ferguson seconded the motion. The motion carried unanimously. Surveyor Sterrett said that we will have to stop the Treasurer from sending funds to Benton County when they come in. He said the amount of White County assessments is $22,360.39 (to be sent to Benton County).

Secretary Kiser reported receiving a call from Howe Excavating today saying that they have finished the M. K. Reiff Drain maintenance dredging and clearing project and re-seeded it. Surveyor Sterrett said he had a landowner in the other day asking if it had been re-seeded.

Charlie Mellon asked if the County is going to lower the sewer on CR 1200 for Moss Farms. Surveyor Sterrett said he would have to talk to County Highway Superintendent Steve Brooke. Chairman Burton said he has agreed to do it as part of the project.

Chairman Burton stated that the J. P. Carr Drain reconstruction project is moving along well. Contractor Jimmy Derflinger stated that if we have a dry week he will probably be done by the end of the week. He said he has some work left to do in the deep part and on the branch yet. He also reported seeing 3 beavers close to the treatment plant and 2 on the west side of SR 43. The Surveyor’s office will send an order out to have them trapped.

Chairman Burton adjourned the meeting.