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October 16, 2006 Tape #020

The White County Drainage Board convened at 10:40 A.M., EDT in the Commissioners’ Room of the White County Building, Monticello, Indiana with Board Members Steve Burton, O. D. “Bud” Ferguson and John Heimlich, Attorney George W. Loy, Surveyor Dennis W. Sterrett and Secretary Romana Kiser in attendance. Charles Mellon also attended.

Chairman Burton called the meeting to order. Board Member Ferguson opened with a motion to approve the minutes of the October 2, 2006 meeting. Board Member Heimlich seconded the motion. The motion carried unanimously.

Chairman Burton noted that Mr. Todd Keesling was next on the agenda but is not present. Surveyor Sterrett showed a drawing and explained that Mr. Keesling wants to build across the Faris (Lane) Ditch, across from a factory (Monticello Spring) on Freeman Road. Surveyor Sterrett said, “Mr. Keesling called about a year ago and I told him the ditch is not regulated down there and that he needs to see DNR. He hauled in a tank car, or I don’t know what it is, he hauled it in there and was getting ready to put it in the ditch and somebody turned him in to DNR. DNR stopped him.” Attorney Loy asked, “Why does he need us?” Surveyor Sterrett said, “He doesn’t. I just had him come to the meeting.” Chairman Burton stated, “Originally he thought we could authorize it, right? Because he thought it was regulated there.” Charlie Mellon asked if the tank car was too small. Surveyor Sterrett said, “I don’t know. He went to Jim Milligan. Well, he has to have a permit to construct in a floodway from DNR. I advised him to get an engineer to size the pipe and go to DNR. He didn’t want to go to get an engineer so I told him to go to DNR and see what they required, because they’ll meet with him out here. I think he said the pipe was a ten (foot).” Charlie Mellon said that’s big enough for that ditch. Surveyor Sterrett said, “I don’t know, there is a lot of water in that ditch. He went to Jim (Milligan) and he had given him a profile from the County Road to where he wanted to put the pipe and he profiled the ditch for a little bit, a hundred feet or so, and told him that’s all he could do for him.”

Attorney Loy asked if it is an outlet or inlet to or from one of our ditches. Surveyor Sterrett said, “We are up above it. This is the end of our regulation right here (indicated on drawing) and he wants to put the pipe in right here.” Attorney Loy said, “Ok, so he initially came to us thinking regulated drain and he’d need our consent.” Surveyor Sterrett said yes. Attorney Loy asked if he owns the property he is putting it on. Surveyor Sterrett answered yes. Chairman Burton said, “So he proceeded until DNR stopped him. “ Surveyor Sterrett answered yes, that’s what he told me. Chairman Burton said he came back again to try to see if we could do something for him. Attorney Loy asked if this is a good thing for that ditch. Surveyor Sterrett stated, “I don’t think it makes any difference unless he gets his pipe too small and then he’s going to have upstream holding water back.” Board Member Heimlich said, “We can’t tell him to put it in anyway, can we?” Attorney Loy and Surveyor Sterrett both answered, “No.”

Surveyor Sterrett brought the delinquency of the account of Mr. Jeff Van Weelden to the Board’s attention and asked what should be done next. Surveyor Sterrett stated, “Mr. Jeff Van Weelden, Indiana Waste Systems, owes us money because we paid CTE Engineers for drainage review which went over the two thousand dollar deposit by $1,600.00 ($1,607.50).”

Secretary Kiser explained, “The first letter we sent him and quoted the Ordinance and everything, October of 2005, he owed $1,487.50 even with the $2,000.00 deposit. In November we reminded him we had not received his reply. In January 2006 we still had not received a reply to that billing letter and we had paid another claim so at that time, he was up to $2,107.50 that we had paid on his behalf.” Surveyor Sterrett stated, “The first time we billed him for the extra, CTE didn’t have all the charges in to us.” Secretary Kiser stated, “In January ’06 (correction) he had asked about the billings and I had given him a very detailed list of what he had been charged for and everything and the meetings Todd had attended on his behalf, so he was well informed, plus Todd had told him that $2,000.00 wasn’t going to cover it.” Surveyor Sterrett stated, “At that time, in January when he was in asking about it, he wanted to pay his bill monthly so I gave him permission.” Secretary Kiser said, “In March we got $500.00 and we sent him another letter in August and reminded him that he had only made one $500.00 payment. His balance is still $1,607.50 and we have not heard from him since March when he made the $500.00 payment. He’s had one reminder since. In that last letter I reminded him that he owed that whether he continued his project or not. What shall we say in our next letter?”

Surveyor Sterrett said, “We sent him a letter in August and didn’t get any response at all. I think that is in suit now.” Attorney Loy said, “Yes, that’s independent of this. Didn’t we give him a Consent to Encroach?” Surveyor Sterrett answered, “Yes, and we approved his drainage plan which was on another lot.” Board Member Heimlich stated, “He is suing the Commissioners over the rezoning issues.” Attorney Loy stated, “On this, I would send him a certified letter saying it is accruing interest. I will give Dowal (Attorney Dellinger) a call, too.”

Surveyor Sterrett reported, “I can give you an idea on what the Surveyor’s office is doing. We are getting the final assessments ready on the J. P. Carr Ditch (Reconstruction) for the Auditor. My help and I are surveying the Mertz-Muck Ditch from 250 North. It has been petitioned for cleaning about two and a half miles. It includes the Muck Branch of the Mertz-Muck. We started surveying that and there’s some corn in there that has to be gotten out before we can go any farther. After they petitioned it, I looked at some old plans and it so happens that is where they cleaned it before. I think we can do it on maintenance. There is quite a bit of money in it. We are also surveying the Raub Ditch east of Chalmers. It has silt in it. It has the outlet tile plugged up. It was cleaned in 1984. That is 5,300 feet and I think we can do that on maintenance also. I will try to get those done this winter. The four ditches over by the Big Pine, we sent letters to the landowners telling them we are going to clean them. Bid packets are going out this week. We will be getting bids November 6, 2006.”

Board Member Heimlich reported the Indian Creek Joint Board meets Thursday October 19, 2006 at 2:00 and the Monon Ditch Joint Board meets Thursday night.

Chairman Burton adjourned the meeting.